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District  of  Columbia  Minimum  Wage  Cases 


Court  of  Appeals  of  tine  District  of  Columbia 

October  Term,  1920 


No.  3438  AND  No.  3467. 


1  HE  Children's  HosPTT  .       n- the  '  '    - 

\  IM-,, 

MBIA. 

V. 

Jesse  C.  Adkins,  Eth;  i               th,  Jom 

;::rich,  Con- 

:'*ITUTING  THE  Ail\'t                   V'aGE  BuAU! 

District  OF 

'    OLUMBIA. 

Willie  A.  Lyons,  Appellant, 

vs. 

Jesse  C.  Adkixs.  F.thel  W.  ;  vfiTH,  Josep'^ 

iiRicH.  Con- 

stitutinl.  tti!-:  Mt^                v'age  Bci' 

District  of 

Columbia. 


BRIEF    FOR    APPELLEES 


Felix  Frankfurter, 

Of  Counsel  for  "Minimum 
Wage  Board  of  the  District 
of  Columbia, 

M-'^RY  W.  Dew  SON, 

Research  Secretary,  National 
Consumers'  Leag-ue. 


Digitized  by  tine  Internet  Arciiive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


littp://www.archive.org/details/districtofcolumbOOchilrich 


District  of  Columbia  Minimum  Wage  Cases 


Court  of  Appeals  of  the  District  of  Columbia 

October  Term,  1920. 


No.  3438  AND  No.  3467. 


The  Children's  Hospital  of  the  District  of  Columbia. 
A  Corporation,  Appellant. 
vs. 
Jesse  C.  Adkins,  Ethel  M.  Smith,  Joseph  A.  Berberich,  Con- 
stituting THE  Minimum  Wage  Board  of  the  District  of 
Columbia. 


Willie  A.  Lyons.  Appellant, 
vs. 


Jesse  C.  Adkins,  Ethel  M.  Smith,  Joseph  A.  Berberich,  Con- 
stituting THE  Minimum  Wage  Board  of  the  District  of 
Columbia.  ;   ;  j^  j  ;  \ 


>  J   ,  »        o  »^ 


BRIEF    FOR    APPELLEES 


With  the  Compliments  o 


'/ 


MARY  W.  DEWSON,  Research  Secretary, 

National  Consumers'  League, 

44  East  23rd  street,  New  York  City 


CHA8.    P.    YOUN6    CO.,    PRtNTCRS 
190  WILLIAM  STREET,    N.   Y. 


^^»*« 


/mij      GE': 


•  *  C^ftt.      • 


TABLE    OF    CONTENTS. 


PAGE 


ARGUMENT  _ i 

Statement  of  Cases i 

Facts  ii 

Outline  of  Plaintiffs'  Claim v 

Congress  was  prohibited  from  enacting  the  legislation  by  the 

due  process   clause v 

Marshall's    Canon v 

The  Issue vii 

Outline  of  Argument ix 

I.  The  presumption  to  be  accorded  an  Act  of  Congress, 
which  demands  that  it  be  respected  unless  transgres- 
sion of  the  Constitution  is  shown  "beyond  a  rational 
doubt,"  amply  sustains  the  District  of  Columbia  Mini- 
mum Wage  Law,  particularly  in  view  of  the  circum- 
stances of  its  enactment ix 

II.     Congress  by   this    legislation    aimed   at   "ends"   that   are 

"legitimate  and  within  the  scope  of  the  Constitution"  x 

III.  The  "means"  selected  by  Congress  are  "appropriate  and 

plainly  adapted"  to  accomplish  these  "ends" x 

IV.  No  right  of  the  plaintiff's  secured  under  the  Constitution 

"prohibits"    the    use    of    these    appropriate    means    so 
adopted  by  Congress  to  accomplish  these  legitimate  ends  x 

POINT  I. 

The  presumption  to  be  accorded  an  Act  of  Congress,  which 
demands  that  it  be  respected  unless  transgression  of  the  Constitu- 
tion is  shown  "beyond  a  rational  doubt"  amply  sustains  the  Dis- 
trict of  Columbia  Minimum  Wage  Law,  particularly  in  view  of  the 
circumstances  of  its  enactment x 

POINT  II. 

Congress  by  this  legislation  aimed  at  "ends"  that  are  "legiti- 
mate and  within  the  scope  of  the  Constitution" xiii 

First. — Charged  with  the  responsibility  of  safeguarding  the 
welfare  of  the  District  of  Columbia,  Congress  was  confronted 
with  facts  which  made  it  its  duty  "to  protect  the  women  and 
minors  of  the  District  from  conditions  detrimental  to  their 
health  and  morals,  resulting  from  wages  which  are  inadequate 
to  maintain  decent  standards  of  living" xiii 


i/ 


/'  A  Q  A  K  \ 


TABLE  OF  CONTENTS. 

PAGE 

Second. — The  purpose  of  the  Act  was  to  provide  for  this 
deficit  between  the  cost  of  women's  labor — i.  e.,  the  means 
necessary  to  keep  labor  going — and  any  rate  of  women's  pay 
below  the  minimum  level  for  living,  and  thereby  to  eliminate  all 
the  evils  attendant  upon  such  deficits  on  a  large  scale xx 


POINT  III. 

The  means  selected  by  Congress  "are  appropriate"  and  "plainly 
adapted"  to  accomplish  the  legitimate  end xxi 

First. — From  among  the  alternative  means  which  Congress 
might  have  adopted  for  accomplishing  these  public  ends,  the 
particular  one  adopted  was  reasonable  and  appropriate xxiii 

Second. — Therefore,  even  though  this  Court  might  think 
that  some  other  means  would  have  greater  chance  of  effective- 
ness, it  was  open  to  Congress  to  try  this  method  unless  it  was 
affirmatively  prohibited  by  the  Constitution xxv 

POINT  IV. 

No  rights  of  plaintiffs  secured  under  the  Constitution  of  the 
United  States  prohibit  the  use  of  the  means  so  adopted  by  Con- 
gress to  accomplish  these  legitimate  public  ends xxv 

First. — The  so-called  "liberties"  of  which  the  plaintiffs 
claim  to  have  been  deprived  were  merely  nominal  and  theo- 
retical and  not  asserted  bona  fide.  Therefore  it  was  not  "arbi- 
trary," "wanton"  or  a  "spoliation"  for  Congress  to  allow  great 
public  interests  to  prevail  over  them xxvii 

Second. — The  alleged  deprivations  of  property  are  either 
merely  nominal  and  not  bona  fide  like  the  so-called  "liberties," 
or  hypothetical  and  unsubstantiated;  and  therefore,  were  not 
dealt  with  arbitrarily  or  wantonly  or  as  a  spoliation xxxiii 

Third. — It  is  not  arbitrary,  wanton,  or  spoliative  for  Con- 
gress to  require  employers  to  pay  the  cost  of  human  labor xxxviii 

Fourth. — The  action  of  Congress  was  not  arbitrary,  wanton 
or  spoliative  because  the  direct  interest  of  the  District  in 
these  particular  wage  contracts  gave  it  a  special  justification 
for  controlling  them xl 

fifth. — It  is  not  arbitrary,  wanton  or  spoliative  for  Con- 
gress to  require  the  employer  to  obtain  a  license  from  the  Board 
before  he  can  buy  labor  at  less  than  cost,  because  that  is  a 


'        TABI^E  OF   CONTENTS.  Ill 

PAGE 

reasonable  means  of  preventing  cut-throat  and  unfair  competi- 
tion,  between   manufacturers xliii 

Sixth. — It   is   not   arbitrary,   wanton   or   spoliative    for   Con- — 
gress  to  require  the  consent  of  the  Board  before  allowing  an 
employee  to  sell  labor  below  cost,  because  that  is  a  reasonable 
means  for  preventing  unfair  competition  between  employees xlvii 

Seventh. — It  is  not  arbitrary,  wanton  or  spoliative  for  Con- 
gress to  require  the  consent  of  the  Board  before  allowing 
a  wage  contract  at  below  cost,  because  of  the  actual  inherent 
inequality  of  bargaining  power  between  the  parties xlviii 

Eighth. — It  is  not  arbitrary,  wanton  or  spoliative  for  Con- 
gress to  require  the  consent  of  the  Board  before  allowing  wage 
contracts  at  below  cost,  because  that  is  a  reasonable  exercise 
of  the  "police  power"  to  minimize  danger  of  unfair  and  op- 
pressive contracts liii 

Ninth. — It  is  not  arbitrary,  wanton  or  spoliative  for  the 
state  to  require  the  consent  of  the  Board  before  allowing  wage 
contracts  at  below  cost,  because  that  is  a  reasonable  exercise  of 
power  to  foster  the  productivity  of  industry liv 

PART  FIRST.— THE  SUCCESSFUL  WORKING  OF  MINIMUM 

WAGE  LEGISLATION  1 

1.  The  Low  End  of  the  Wage  Scale  Is  Lifted  to  the  Level  of  the  Cost 

of  Living  1 

District  of  Columbia 

(1)  Minimum    Wage    Orders 1 

(2)  Wage  Investigations  and  Minimum  Decreed 2 

(3)  Reinvestigations  for  Compliance  with  Minimum  Decreed 15 

Arkansas 

(1)   Minimum   Wage    Order 18 

California 

(1)  Minimum    Wage    Orders 19 

(2)  Wage  Investigations  and  Minimum  Decreed 22 

(3)  Reinvestigations  for  Compliance  with  Minimum  Decreed 25 

Kansas 

(1)  Minimum    Wage    Orders 30 

(2)  Wage  Investigations  and  Minimum  Decreed 31 

Massachusetts 

(1)  Minimum    Wage    Orders 33 

(2)  Wage  Investigations  and  Minimum  Decreed 35 

(3)  Reinvestigations  for  Compliance  with  Minimum  Decreed :>r 


iv  tabi,e  of  contents. 

Page 
Minnesota 

(1)  Minimum   Wage    Orders 44 

(2)  Wage  Investigations  44 

(3)  Explanatory  Statements  45 

North  Dakota 

(1)   Minimum    Wage    Orders 48 

Oregon 

(1)  Minimum   Wage    Orders 50 

(2)  Wage   Investigations   and   Minimum   Decreed 52 

Texas 

(1)   Minimum  Wage  Orders  53 

Washington 

(1)  Minimum    Wage    Orders 53 

(2)  Reinvestigations  for  Compliance  with  Minimum  Decreed 54 

Wisconsin 

(1)  Minimum    Wage    Orders 58 

(2)  Investigations  for  Compliance  with  Minimum  Decreed 64 

British    Columbia   68 

Manitoba  71 

2.  Industrial  Efficiency  of  Both  Employers  and  Employees  Is  Stimu- 

lated       72 

3.  Competing  Employers  Are  Benefited 91 

(1)  General   Statements   91 

(2)  Statistics    98 

4.  An  Influence  toward  Industrial  Peace  Is  Created 108 

5.  General  Statements  in  Favor  of  the  Legislation 114 

(1)  In    America    114 

(2)  In   Great   Britain   144 

(3)  In    Australia 153 

(4)  In    Canada    156 

6.  The  Minimum  Does  Not  Become  the  Maximum 160 

7.  The  Displacement  of  Workers  Is  Inconsiderable 169 

PART    SECOND.— THE    EXTENSION    OF    MINIMUM   WAGE 

LEGISLATION 179 

1.  In    America    179 

(1)  The  Minimum  Wage  Laws 179 

District  of  Columbia  179 

Arizona  188 

Arkansas 189 

California  194 


table  ok  contents.  v 

Page 
Colorado  204 

Kansas    214 

Massachusetts  ~..-~222 

Minnesota  232 

North  Dakota  238 

Oregon    246 

Texas  257 

Utah  265 

Washington   267 

Wisconsin  274 

Porto    Rico   278 

(2)  Constitutional  Provisions  Validating  Minimum  Wage  Statutes  279 

2.  In  the  British  Empire 280 

(1)  The   New  Legislation " 281 

(a)  Great   Britain 281 

(b)  Canada  291 

Alberta    291 

British  Columbia  293 

Manitoba 295 

Nova    Scotia 297 

Ontario  299 

Quebec    301 

Saskatchewan    303 

Addenda  to  extracts  from  the  laws 304 

(2)  Increasing  Scope  of  the  Acts 305 

(a)  Great  Britain  305 

(b)  Australia    309 

(c)  Canada  310 

3.  Tn  Other  Foreign  Countries 312 

(1)  The  Argentine 312 

(2)  France    313 

(3)  Norway    314 

(i)  Germany    and    Austria 315 

PART   THIRD.— THE  NEED   FOR   MINIMUM  WAGE  LEGIS- 
LATION IN  THE  UNITED  STATES 317 

1.  Wages  of  Women 317 

(1)  In  Certain  Industries  and  Occupations  the  Level  of  Wages  Is 

Below  the  Cost  of  Living 317 

(2)  In  Many  Industries  and  Occupations  the  Increase  of  Wages 

During  the  War  Period  Did  Not  Create  a  Living  Wage  368 


vi  table  of  contents. 

Page 

(3)  Nominal  Rates  Are  Greater  than  Actual  Earnings 377 

(»a)  Due  to  Lack  of  Steady  Employment  or  Irregular  At- 
tendance     377 

(b)  Due  to  Seasonal  Fluctuation  of  Employment 384 

(4)  The   Bulk  of  Wage-earning  Women  Must   Support  Them- 

selves    392 

2.  Cost   of  Living 401 

(1)  The  Standard  by  which  a  Living  Wage  Should  Be  Deter- 

mined       401 

(2)  The  Living  Wage  for  a  Single  Woman 409 

CASES  CITED. 

Armour  &■  Co.  vs.  North  Dakota,  240  U.  S.,  510 liv 

Bacon  vs.  Walker,  204  U.  S.,  311 „ Ivii 

Booth  vs.  Illinois,  184  U.  S.,  425,  429 xxii 

Bosley  vs.  McLaughlin,  236  U.  S.,  385 Hi 

Brazee  vs.  Michigan,  241  U.  S.,  340 li 

Butler  vs.  Perry,  240  U.  S.,  328,  333 liii 

Central  Lumber  Co.  vs.  South  Dakota,  226  U.  S.,  157,  160-1 xxii,  xlvi 

Chicago  &  Alton  Railroad  vs.  Tranbarger,  238  U.  S.,  67,  77 xxii 

Chicago,  Burlington  &  Quincy  Co.  vs.McGuire,  219  U.  S.,  549 xxii 

Chicago  Railway  vs.  IVellman,  143  U.  S.,  339,  344-6. 

xxviii,  xxxiv,  xxxv,  xxxvi 

Des  Moines  Gas  Co.  vs.  Des  Moines,  238  U.  S.,  153 xxxiv 

Gompers  vs.  United  States,  233  U.  S.,  604,  610 xxviii 

Grenada  Lumber  Co.  vs.  Mississippi,  217  U.  S.,  433,  441-2 xxii 

Gundling  vs.  Chicago,  177  U.  S.,  183,  186 xxix,  xxxiii,  xxxvii 

Halter  vs.  Nebraska,  205  U.  S.,  34,  40 xi 

Hammond  Co.  vs.  Montana,  233  U.  S.,  331 liv 

Hatch  vs.  Reardon,  204  U.  S.,  152 xxviii 

Hawley  vs.  Walker,  232  U.  S.,  718 Hi 

Hirsch  vs.  Block,  48  Wash.  Law  Rep.  376 viii 

Holcombe  vs.  Creamer,  231  Mass.  99 xii 

Holden  vs.  Hardy,  169  U.  S.,  366,  397-8 xxxi,  Hi,  Hx 

Hudson  Water  Co.  vs.  McCarter,  209  U.  S.,  349 Ivi 

Hurtado  vs.  California,  110  U.  S.,  516,  530-1 Hx 

Interstate  Ry.  Co.  vs.  Mass.,  207  U.  S.,  79,  86-7 xxviii 

Jacobson  vs.  Mass.,  197  U.  S.,  11,  31,  34,  35 .-. xxiv 

Jeffrey  vs.  Blagg,  235  U.  S.,  571,  576 xxviii 

Jones  vs.  Brim,  165  U.  S.,  180,  182 xxn 

Larsen  vs.  Rice,  100  Wash.,  642 ^ xii 

Lehon  vs.  Atlanta,  242  U.  S.,  53 xxviii,  xxix,  xxxiii 


TABLE   OF    CONTENTS.  Vll 

PAGE 
Lemieux  vs.  Young,  211  U.  S.,  489,  496 xxii,  liv 

Lottery  Cases,  188  U.  S.,  321 liv 

McCulloch  vs.  Maryland,  4  Wheat,  316,  421 ^  vi 

McLean  vs.  Arkansas,  211  U.  S.,  539,  548,  549 xxii,  xxiv 

Miller  vs.  Wilson,  236  U.  S.,  373,  380-1 Hi 

Mount  Vernon  Cotton  Co.  vs.  Alabama,  etc.  Co.,  240  U.  S.,  30 Ivi 

Muller  vs.  Oregon,  208  U.  S.,  412,  420 xxiv,  lif 

Mutual  Film  Corp.  vs.  Ohio  Industrial  Com.,  236  U.  S.,  230....xxix,  xxxvii 

Noble  State  Bank  vs.  Haskell,  219  U.  S.,  104,  110-11 xx,  xxii,  xxviii 

Northern  Pacific  Ry.  Co.  vs.  North  Dakota,  216  U.  S.,  579... 

xxxiv,  XXXV,  xxxvi 

Otis  vs.  Parker,  187  U.  S.,  606,  608,  609 vii,  liv 

Pacific,  etc.,  Co.  vs.  Oregon  Water  Board,  241  U.  S.,  440 Ivi 

Parsons  vs.  District  of  Columbia,  170  U.  S.,  45,  52 xi 

Perley  vs.  North  Carolina,  249  U.  S.,  510,  513,  515 vi,  xii 

Plymouth  Coal  Co.  vs.  Pennsylvania,  232  U.  S.,  531,  545 xxviii 

Poye  vs.  State,  Tex.    Decided  Oct.  15,  1920 xii 

Rast  vs.  Van  Deman,  240  U.  S.,  342,  366 vii,  liv 

Riley  vs.  Mass.,  232  U.  S.,  671 Hi 

Schmidinger  vs.  Chicago,  226  U.  S.,  578,  579,  588 xxii,  liv 

Shoemaker  vs.  United  States,  147  U.  S.,  282 x 

Simpson  vs.  O'Hara,  70  Ore.,  261 xii 

Sinking  Fund  Cases,  99  U.  S.,  700,  718 vi 

Slaughter-house  Cases,  16  Wall,,  36 xxvii 

Spokane  Hotel  vs.  Younger,  13  Wash.  Dec.  322.    Decided  Dec.  11, 

1920    xii 

Standard  Oil  Co.  vs.  U.  S.,  221  U.  S.,  1 xlv 

State  vs.  Crow,  130  Ark.,  272 xii 

Stettler  vs.  O'Hara,  69  Ore.,  519,  537 .™__^ciij_li 

Tanner  vs.  Little,  240  U.  S.,  369,  385-6 xxii,  xxiv 

Vernon  vs.  Bethell,  2  Eden.,  110,  113 Hii 

Walls  vs.  Midland  Carbon  Co.,  254  U.  S.,  Dec.  13,  1920 viii,  Ivi 

Willcox  vs.  Consolidated  Gas  Co.,  212  U.  S.,  19 xxxiv 

Williams  vs.  Evans,  139  Minn.,  32,  40-1 xn,  Hi 

Wilson  vs.  McDonald,  265  Fed.  Rep.,  432 vni 


COURT  OF  APPEALS  OF  THE  DISTRICT  OF 
COLUMBIA, 

October  Term,  1920. 
Nos.  3438  and  3467. 


The  Children's  Hospital  of  the  Dis- 
trict of  Columbia,  a  Corporation, 

Appellant, 
vs, 

Jesse  C.  Adkins,  Ethel  M.  Smith, 
Joseph  A.  Berberich,  Constituting 
the  Minimum  Wage  Board  of  the  Dis- 
trict of  Columbia. 


Willie  A.  Lyons, 


Appellant^ 


vs. 


Jesse  C.  Adkins,  Ethel  M.  Smith, 
Joseph  A.  Berberich,  Constituting 
the  Minimum  Wage  Board  of  the  Dis- 
trict of  Columbia. 


BRIEF   FOR   APPELLEES. 

ARGUMENT. 

Statement  of  Cases. 

These  are  appeals  to  review  the  final  orders  of  the 
Supreme  Court  of  the  District  of  Columbia,  dismissing 
suits  by  The  Children's  Hospital  and  Willie  A.  Lyons, 


u 

respectively,  (hereinafter  called  plaintiffs),  to  vacate  an 
order  of  the  Minimum  Wage  Board  of  the  District  of 
Columbia  and  to  enjoin  its  enforcement.  This  order  pro- 
vided that,  subject  to  certain  qualifications,  **no  person 
....  or  corporation  shall  employ  a  woman  ....  in 
any  hotel  ....  or  in  any  hospital  at  a  rate  of  wages  of 
less  than  341/2  cents  per  hour,  $16.50  per  week,  or  $71.50 
per  month. ' ' 

Facts. 

The  facts,  briefly,  are  these: 

After  thorough  hearings  by  Committees  of  both 
Houses  of  Congress,  followed  by  full  debate  in  both 
Houses,  Congress  passed  the  Act  of  September  19,  1918 
(40  Stat.  960).  *^The  purposes  of  the  Act,''  as  defined 
by  Congress  are: 

**To  protect  the  women  and  minors  of  the  Dis- 
trict froipQ  conditions  detrimental  to  their  health  and 
morals,  resulting  from  wages  which  are  inadequate 
to  maintain  decent  standards  of  living  ....  *' 
(Sec.  23). 

The  Act  establishes  a  ** Minimum  Wage  Board''  as 
the  machinery  for  determining 

**  Standards  of  minimum  wages  for  women  in  any 
occupation  within  the  District  of  Columbia,  and 
what  wages  are  inadequate  to  supply  the  necessary 
cost  of  living  to  any  such  women  workers  to  main- 
tain them  in  good  health  and  to  protect  their 
morals"  (Sec.  9), 


and  for  enforcing  such  ^*  standards  of  minimum  wages 


a-" 


Ill 

promulgated  by  order  of  the  Board   (Sees.  9-12).     By 
Sec.  13  the  Act  provides, 

^'That  for  any  occupation  in  which  only  a  mini- 
mum time-rate  wage  has  been  established,  the  Board 
may  issue  to  a  woman  whose  earning  capacity  has 
been  impaired  by  age  or  otherwise,  a  special  license 
authorizing  her  employment  at  such  wage  less  than 
such  minimum  time-rate  wage  as  shall  be  fixed  by 
the  Board  and  stated  in  the  license.'' 

Pursuant  to  the  requirements  of  the  Minimum  Wage 
Law,  including  the  report  of  a  Conference  on  the  Hotel, 
Kestaurant  and  Hospital  Industries,  the  Conference  com- 
posed of  an  equal  number  of  representatives  of  the  em- 
ployers and  employees  affected,  and  after  public  hearing, 
the  Minimum  Wage  Board  made  the  following  order: 

''1.  No  person,  firm,  association,  or  corporation 
shall  employ  a  woman  or  minor  girl  in  any  hotel, 
lodi2:ing  house,  apartment  house,  club,  restaurant, 
cafeteria,  or  other  place  where  food  is  sold  to  be 
consumed  on  the  premises  or  in  any  hospital,  at  a 
rate  of  wages  of  less  than  341/2  cents  per  hour,  $16.50 
per  week,  or  $71.50  per  month.  This  shall  not  be 
construed  to  include  nurses  in  training. 

2.  When  bona  fide  meals  are  furnished  by  the 
employer  to  any  woman  or  minor  girl  employed  in 
the  establishments  named  in  Section  1  of  this  order 
as  part  payment  of  the  wages  of  such  employee,  not 
more  than  30  cents  per  meal  may  be  deducted  by 
such  employer  from  the  weekly  wage  of  such  em- 
ployee. A  record  shall  be  kept  of  the  number  of 
meals  furnished  each  woman  and  minor  girl  per 
week  and  of  the  deductions  made  from  the  weekly 
wage  for  the  same ;  otherwise  the  full  minimum  wage 
rate  shall  be  paid  in  cash. 


3.  When  lodging  is  furnished  by  the  employer 
to  any  woman  or  minor  girl  employed  in  the  estab- 
lishments named  in  Section  1  of  this  order  as  part 
payment  of  the  wages  of  such  employee  not  more 
than  $2  per  week  shall  be  deducted  by  such  employer 
from  the  weekly  wage  of  such  employee. 

4.  Tips  and  gratuities  shall  not  be  construed  as 
part  of  the  legal  minimum  wage.''  Children's  Hos- 
pital, R.,  3;  Lyons,  R.,  3. 


The  plaintiff,  The  Children's  Hospital,  is  engaged  in 
maintaining  a  hospital  for  children  in  the  District  of 
Columbia  (Children's  Hospital,  R.,  fol.  1). 

The  plaintiff,  Lyons,  is  a  woman  employee  of  the 
Congress  Hall  Hotel  Company,  a  corporation  engaged  in 
the  business  of  conducting  a  hotel  in  the  District  of  Co- 
lumbia, working  as  an  elevator  operator,  at  a  wage  of 
$35  a  month  and  two  meals  a  day  (Lyons,  R.,  fol.  2). 

The  plaintiffs  did  not  challenge  the  facts,  as  found 
by  the  Board,  upon  which  the  order  was  based;  nor  did 
either  plaintiff  seek  to  review  the  findings  of  the  Board 
as  arbitrary  or  wholly  unfounded  in  fact,  and  therefore 
without  basis  in  law,  which  right  of  review  is  provided 
by  Sec.  17  of  the  Act.  Specifically,  there  was  and  is  no 
claim  that  the  minimum  fixed  by  the  Board,  to  wit,  34i/^ 
cents  per  hour,  or  less  than  $16.50  per  week,  or  less  than 
$71.50  per  month,  is  more  than  **the  necessary  cost  of 
living  to  any  such  women  workers  [in  the  District  of  Co- 
lumbia] to  maintain  them  in  good  health  and  to  protect 
their  morals."  Nor  did  either  plaintiff  invoke  the  pro- 
vision of  Sec.  13  of  the  Act  for  a  ** special  license"  au- 


thorizing  employment  at  less  than  the  rate  fixed  by  the 
Board.  On  the  contrary,  without  challenging  the  cor- 
rectness of  the  facts  found  by  the  Board,  nor  claiming 
the  rate  fixed  by  the  Board  to  be  confiscatory,  nor 
attempting  to  avail  themselves  of  the  provision  for 
exemption  from  the  Board's  order  by  *^ license, '*  the 
plaintiffs  brought  separate  suits  (though  in  fact  one 
suit,  with  the  same  pleadings,  filed  by  the  same  counsel 
and  supported  by  the  same  brief)  to  enjoin  the  enforce- 
ment of  the  order  of  the  Board  (Children's  Hospital,  R., 
7;  Lyons,  R.,  6).  The  complaints  were  answered,  and, 
after  hearing,  decrees  dismissing  the  suits  were  entered 
by  the  Supreme  Court  (Children's  Hospital,  R.,  12; 
Lyons,  R.,  9). 

Plaintiffs'  Claim. 

The  cases  are  here  solely  upon  a  claim  under  the  Fifth 
Amendment,  to  wit,  that  in  passing  the  *^  District  of  Co- 
lumbia Minimum  Wage  Law"  Congress  deprived  the 
plaintiffs  of  *^ liberty"  or  *' property"  ** without  due 
process  of  law." 

Marshall's  Canon. 

The  controversy,  we  submit,  reduces  itself,  simply 
enough,  to  an  application  of  Marshall's  canon  of  constitu- 
tional construction  to  the  complicated  and  extensive  facts 
of  modern  industrial  life  and,  more  particularly,  to  those 

in  the  District. 

'^Let  the  end  be  legitimate,  let  it  be  within  the 
scope  of  the  Constitution,  and  all  means  which  are 


appropriate,  which  are  plainly  adapted  to  that  end, 
which  are  not  prohibited,  but  consist  with  the  letter 
and  spirit  of  the  Constitution,  are  constitutional" 
(M'Culloch  V.  Maryland,  4  Wheat,  316,  421). 

The  Supreme  Court  has  sought  to  give  efficacy  to  Mar- 
shall's canon  of  constitutional  construction  by  insisting 
upon  the  respect  to  be  accorded  to  the  judgment  of  Con- 
gress that  a  given  exercise  of  power  by  it  is  Constitu- 
tional. 

**  Every  possible  presumption  is  in  favor  of  the 
validity  of  a  statute  and  this  continues  until  the 
contrary  is  shown  beyond  a  rational  doubt.  One 
branch  of  the  government  cannot  encroach  on  the 
domain  of  another  without  danger.  The  safety  of 
our  institutions  depends  in  no  small  degree  on  a 
strict  observance  of  this  salutary  rule  {Sinkinq- 
Fund  Cases,  99  U.  S.,  700,  718). '' 

This  rule  demands  scrupulous  observance  in  cases 
where  the  authority  of  Congress  is  challenged  not  by 
reason  of  any  of  the  specific  limitations  of  the  Constitu- 
tion but  upon  a  theoretic  conception  as  to  what  consti- 
tutes ** liberty"  or  ** property",  or  because  of  a  difference 
of  opinion  as  to  the  justification  for  regulating  ^* liberty" 
or  ** property."  It  is  essential  to  keep  in  mind  that  such 
abstract  notions  have  no  place  in  reviewing  the  action  of 
Congress.  For  the  plaintiffs'  '* rights"  are  necessarily 
** subject  to  some  exertions  of  government"  {Perley  v. 
North  Carolina,  249  U.  S.,  510,  513).  Where  the  line  must 
be  drawn  between  the  so-called  ** police  power"  and  the 
limitation  imposed  by  **due  process"  is  a  practical  ques- 


tion,  to  be  solved  not  by  abstract  pre-possession  but  by 
regard  for  the  facts  of  life.  The  duty  of  drawing  the 
line,  of  weighing  the  facts,  rests  primarily  with~Cbn- 
gress.  Because  there  may  be  differences  of  opinio^  as 
to  where  the  line  is  to  be  drawn,  **  every  possible  pre- 
sumption'' that  Congress  was  justified  in  drawing  the 
line  where  it  did  must  prevail,  unless  and  until  it  is 
*' shown  beyond  a  rational  doubf  that  there  is  no  jus- 
tification for  the  determination  of  Congress. 

But  it  may  be  said  that  judicial  opinion  cannot 
be  controlled  by  legislative  opinion  of  what  are  fun- 
damental rights.  This  is  freely  conceded;  it  is  the 
very  essence  of  constitutional  law,  but  its  recogni- 
tion does  not  determine  supremacy  in  any  given 
instance.  **  While  the  courts  must  exercise  a  judg- 
ment of  their  own,  it  by  no  means  is  true  that  every 
law  is  void  which  may  seem  to  the  judges  who  pass 
upon  it  excessive,  unsuited  to  its  o-stensible  end,  or 
based  upon  conceptions  of  morality  with  which  they 
disagree.  Considerable  latitude  must  be  allowed  for 
differences  of  view  as  well  as  for  possible  peculiar 
conditions  which  this  court  can  know  but  imper- 
fectly, if  at  all.  Otherwise  a  constitution,  instead  of 
embodying  only  relatively  fundamental  rules  of 
right,  as  generally  understood  by  all  English-speak- 
ing communities,  would  become  the  partisan  of  a 
particular  set  of  ethical  or  economical  opinions 
which  by  no  means  are  held  semper  ubiquei  et  ah 
omnibus.''  Otis  v.  Parker,  187  U.  S.,  606,  608,  609. 
(Bast  V.  Van  Demian  &  Leims,  240  U.  S.,  342,  ^66.) 

The  Issue. 

There  is  a  specific  state  of  facts,  depending  upon  a 
specific  scheme  of  legislation,  before  this  Court  in  this 
case,  and  not  a  general,  undefined  theory  of  wage-fixing 


Vlll 

by  legislation.^  Througliout  the  argument,  discussion 
will  be  focussed  on  this  specific  controversy.  The  follow- 
ing, we  believe,  accurately  formulates  the  precise  issue: 

An  Act  having  been  passed  by  Congress  ^Ho  pro- 
tect the  women  and  minors  of  the  District  from  con- 
ditions detrimental  to  their  health  and  morals, 
resulting  from  ivages  ivhich  are  inadequate  to  main- 
tain decent  standards  of  living'^  which  seeks  to  attain 
these  objects  through  the  requirement  of  standards 
of  minimimn  wages  for  wom,en,  adequate  to  supply 
the  necessary  cost  of  living  to  women  workers  in 
respective  occupations  and  to  maintain  them  in 
health  and  to  protect  their  m.orals,  to  be  ascertained 
by  a  Minimum  Wage  Board;  and  such  minimum  7vage 
for  hotel,  restaurant  and  allied  industries  having 
been  ascertained  and  fixed  by  the  Board  at  thirty- 
four  and  one-half  cents  per  hour  or  $16.50  per  week, 
or  $71.50  per  months  an  amount  concededly  not  in 
excess  of  said  living  necessities,  and  so  fixed  in  ac- 
cordance with  the  findings  of  a  Conference  of  the 
particidar  industry  in  which  both  the  employers  and 
employees  were  represented  and  had  full  oppor- 
tunity for  hearing;  and  said  Act  having  a  provision 
that  even"  these  minimum  requirements  should  not 
be  required  if  the  Board  issues  ^*to  a  woman  whose 
earning  capacity  has  been  impaired  by  age  or  other- 
wise, a  special  license  authorizing  her  employment  at 
such  wage  less  than  such  minimum  time-rate  wage 
as  shall  be  fixed  by  the  Board  and  stated  in  the 
license' \'  and  said  Act  having  a  provision  that 
^^  there  shall  be  a  right  of  appeal  from  the  Board 


»The  futility  of  abstract  considerations  in  so-called  "police  power"  cases 
and  the  necessity  of  adjudicating  them  on  the  facts  and  circumstances  of  each 
case  find  striking  application  in  the  recent  decision  of  Wnlls  v.  Midland  Car- 
bon Co.,  254  TJ.  S.  Dec,  13,  1920.  We  shall,  therefore,  not  follow  the  red-her- 
iug  trail  of  the  plaintiffs  in  their  discussion  of  the  Rent  Law  Cases.  It  will 
be  time  enough  to  consider  Wilson  v.  McDonald,  265  Fed.  Rep.  432,  and  Hirsch 
V.  Block,  48  Wash.  Law  Rep.  376,  when  the  Court  will  have  before  it  an  Act 
of  Congress  which  compels  an  employer  to  keep  In  his  employ  workers  beyond 
a  stipulated  period,  and  that,  too,  under  circumstnnces  found  by  the  Court  to 
operate  discriminatingly  as  to  workers  of  the  same  kind. 


to  the  Supreme  Court  of  the  District  of  Columbia 
from  any  ruling  or  holding  on  a  question  of  law  in- 
cluded or  embodied  in  any  decision  or  order  -of -the 
Board;  and  on  the  same  question  of  law,  from  such 
court  to  the  Court  of  Appeals  of  the  District  of  Co- 
lumbia'';  and  the  plaintiff,  The  Children's  Hospital, 
having  continued  to  employ  women  workers  not  al- 
leged or  shown  to  be  women  ''whose  earning  capacity 
has  been  impaired  by  age  or  otherwise"  at  wages 
less  than  the  minimum  fixed  by  the  Board,  with- 
out having  applied  for  or  been  denied  such  special 
license  from  the  Board;  and  the  plaintiff,  Lyons, 
having  continued  to  accept  from  her  employer 
wages  less  than  the  said  minimum  without  hav- 
ing applied  for  or  been  denied  such  special  license 
and  without  now  alleging  or  showing  that  she  is 
^'impaired  by  age  or  otherwise";  are  they,  or 
either  of  them,  entitled  to  a  reversal  of  th&  decrees 
of  the  Supreme  Court,  dismissing  their  complaints 
to  enjoin  the  enforcement  of  the  order  of  the  Board 
and  refusing  to  declare  the  Congressional  Act  arbi- 
trary^ wanton  or  spoliative,  and  therefore,  not  in  ex- 
cess of  the  legislative  power  of  Congress  over  the 
District,  as  limited  by  the  due  process  clause,  par- 
ticularly where  such  Act  was  passed  by  Congress 
after  hearings  as  to  the  practical  necessity  for  such 
legislation  and  after  Congress  specifically  considered 
the  constitutional  questions  involved  and  decided 
that  in  passing  the  Act,  it  was  within  its  constitur- 
tional  authority? 

Outline  of  Argrament. 

We  shall  contend: 

I. — The  presumption  to  be  accorded  an  Act  of  Con- 
gress, which  demands  that  it  be  respected  unless  trans- 
gression of  the  Constitution  is  shown  ^^ beyond  a  rational 
doubf ,  amply  sustains  the  District  of  Columbia  Mini- 


mum  Wage  Law,  particularly  in  view  of  the  circum- 
stances of  its  enactment. 

II. — Congress  by  this  legislation  aimed  at  **ends*' 
that  are  **  legitimate  and  within  the  scope  of  the  Consti- 
tution.'' 

III. — The  ** means''  selected  by  Congress  are  ** appro- 
priate and  plainly  adapted"  to  accomplish  these  **ends." 

IV. — No  right  of  the  plaintiffs  secured  under  the  Con- 
stitution ** prohibits"  the  use  of  these  appropriate  means 
so  adopted  by  Congress  to  accomplish  these  legitimate 
ends. 

POINT  I. 

Tlie  presumption  to  be  accorded  an  Act  of 
Congress,  which  deniands  that  it  he  respected 
unless  transgression  of  the  Constitution  is 
shoTrn  '^beyond  a  rational  doiibt'%  aniply  sus- 
tains the  District  of  Colnnibia  Minininm 
Wage  !Law,  particularly  in  view  of  the  cir- 
cumstances of  its  enactment. 

In  considering  this  legislation,  Congress  was  dealing 
with  a  practical  problem  which  was  pressing  insistently 
upon  the  attention  of  legislators  all  over  the  country. 
Congress  was  acting  upon  an  experience  which  had 
justified  itself  throughout  the  country.  Possessed  of  the 
same  power  and  charged  with  the  same  duty,  for  legis- 
lating within  the  District  as  that  which  States  exercise 
within  their  respective  boundaries  (Shoemaker  v.  United 


XI 

States,  147  U.  S.,  282;  Parsons  v.  District  of  Columbia, 
170  U.  S.  45,  52),  Congress  followed  the  example  of 
a  number  of  States  in  passing  the  Act  in  question. 
The  legislation  had  not  only  justified  itself  in  practice, 
but  it  had  been  uniformly  sustained  by  the  courts  against 
attacks  of  unconstitutionality. 

Thirteen  states — Arizona,  Arkansas,  California,  Colo- 
rado, Kansas,  Massachusetts,  Minnesota,  North  Dakota, 
Oregon,  Texas,  Utah,  Washington  and  Wisconsin — have 
laws  similar  to  the  Congressional  legislation.* 

Three  states — Ohio,  California  and  Nebraska — have 
authorized  minimum  wage  legislation  by  specific  consti- 
tutional provisions.  Here  is  a  body  of  legislation  coming 
from  states  in  different  parts  of  the  country,  states  as 
varied  in  their  conditions  as  Massachusetts  and  Wash- 
ington, Texas  and  Wisconsin.  Despite  all  other  differ- 
ences, they  have  adopted  this  common  type  of  legislation, 
indicating  that  it  deals  with  needs  common  to  every  va- 
riety of  State,  and  with  problems  which  concern  all  in- 
dustry wherever  women  arid  children  are  employed.  If 
the  Federal  legislation  is  bad  under  the  due  process 
clause  of  the  Fifth  Amendment,  then,  of  course,  the  leg- 
islative and  constitutional  provisions  of  sixteen  states 
are  bad  under  the  due  process  clause  of  the  Fourteenth 
Amendment.  The  extensive  enactment  of  a  statute 
is    a  fact  '*of  vast    significance"  {Halter  v.  Nebraska, 

•Arizona  and  Utah  (as  well  as  Porto  Rico)  hare  a  flat  rate  of  minimum 
wages  fixed  for  all  industries  by  statute.  In  all  the  other  states  there  is  ad- 
ministrative machinery  for  determining,  after  hearing,  the  minimum  wage 
appropriate  for  each  separate  industry.  Congress  followed  the  latter  type  of 
legislation.  M;issachusetts,  unlike  all  other  states,  relies  upon  the  coercive 
power  of  public  opinion  for  enforcement  of  the  orders  of  its  Minimum  Wage 
Commission. 


205  U.  S.,  34,  40).  And  a  court  will  naturally  pause,  and 
pause  long,  before  deciding  that  in  passing  such  legisla- 
tion a  large  number  of  States  have  violated  the  Constitu- 
tion of  the  United  States.  '^The  deference  due  to  the 
judgment  of  the  Legislature  on  the  matter  has  been  em- 
phasized again  and  again''  by  the  Supreme  Court  (Per- 
ley  V.  North  Carolina,  249  U.  S.,  510,  515,  and  cases  cited). 

But  Congress  had  even  more  confirmation  for  its  ac- 
tion than  this  volume  of  state  legislation.  It  acted  upon 
uniform  validation  of  such  legislation  by  the  state  courts. 
The  Act  has  been  sustained  whenever  challenged. 
{Sfettler  v.  O'llara^  69  Or.,  519;  Simpson  v.  O'Eara,  70 
Or.,  261 ;  Williams  v.  Evans,  139  Minn.,  32 ;  State  v.  Crow, 
130  Ark.,  272;  Larsen  v.  Rice,  100  Wash.,  642,  reaffirmed 
in  Spokane  Eotel  Co.  v.  Younger,  13  Wash.  Dec,  322, 
decided  Dec.  11,  1920,  sustaining  a  minimum  time  wage- 
rate  of  $18  per  week;  Eolcomhe  v.  Creamer,  231  Mass., 
99;  Poye  v.  /S'^a^e,— Tex.,— decided  Oct.  15,  1920). 

Congress  was  not  even  content  to  rest  upon  this 
weighty  experience  of  the  States  and  its  approval  by 
their  courts.  The  Senate  and  House  Committees  on  the 
District  of  Columbia  held  extensive  hearings  on  the  needs 
of  this  legislation,  in  view  of  the  conditions  prevailing 
in  the  District.  More  than  that,  there  was  discussed  at 
length  the  constitutional  questions  raised  by  the  pro- 
posal. With  full  consciousness  of  the  issue,  after  full  con- 
sideration of  the  objections  now  urged,  Congress,  without 
opposition  in  the  House  and  with  few  negative  votes 
in  the  Senate,  decided  that  the  legislation  here  assailed  is 
within  its  constitutional  competence. 


XIU 

In  the  light  of  these  circumstances,  there  never  was  a 
clearer  case  for  applying  the  obligation  of  respect  to  be 
accorded  to  the  judgment  of  Congress.  In  the  light  of 
these  circumstances  to  urge  that  there  was  **  wanton- 
ness'* in  the  legislative  will  or  an  ** arbitrary'*  exercise 
of  power  is  to  display  not  respect  but  contempt  for  Con- 
arress. 


POINT  II. 

Congress  by  this  legislation  ainied  at  ^'ends^^ 
that  are  ^ ^legitimate  and  within  the  scope  of 
the  Constitution/' 

The  first  requisite  of  Marshall's  canon  is  that  the 
end  sought  by  legislation  must  be  **  legitimate  and  within 
the  scope  of  the  Constitution."  That  this  primary  re- 
quirement is  met  in  this  case  cannot  be,  and  practically 
is  not  denied.  But  we  proceed  briefly  to  explain  the  pur- 
poses sought  by  Congress  in  enacting  the  District  of 
Columbia  Minimum  Wage  Law. 

First. — Charged  with  the  responsibility  of  safeguarding 
the  welfare  of  the  District  of  Columbia,  Congress  was  con- 
fronted with  facts  which  made  it  its  duty  "to  protect  the 
women  and  minors  of  the  District  from  conditions  detrimental 
to  their  health  and  morals,  resulting  from  wages  which  are 
inadequate  to  maintain  decent  standards  of  living." 

This  Congressional  statement  of  the  purposes  of  the 
Act  is  based  upon  indisputable  facts.     In  summary  of 


XIV 

the  overwhelmiiig  array  of  details  set  forth  in  Part 
Third  of  this  Brief,  it  is  only  necessary  to  say  here  that 
the  minimum  cost  in  the  District,  for  the  rudi- 
mentary needs  of  a  woman  worker,  as  disclosed  by 
investigations  preceding  this  legislation  and  corroborated 
by  many  authoritative  findings  from  all  over  the  United 
States,  was : 


XV 


Cost  op  Living  of  Working  Women  in  the  District  of 
CoLiUMBiA  in  December,  1916.* 


Yearly  Cost 

Weekly  Cost 

Items 

1916 

1916 

Board  and  Room 

,,„ 

$312.00 

$6.00 

Clothing 

— 

125.00 

2.40 

Sundries : 

Laundry 

30.00 

~-. 

... 

Sickness 

1400 

— 

iii... 

Dentistry 

6.55 

...« 

Oculist 

1.99 

,.M.. 

*m^ 

Amusements 

7.14 

1 

1      . 

Vacation 

13.16 

...,., 

Ill 

Fruit  and  Candy 

5.70 



-— . 

Insurance 

9.65 

..... 

m..^ 

Other  incidentals 

18.45 

...... 

1, 

Charity 

1.79 



—M 

Religion 

4.54 



•.^ 

Labor  organization 

.30 

...^ 

..i. 

Other  organizations 

.49 

...^ 

•^ 

School  tuition 

1.70 

.,.,.. 

III! 

Carfare  (to  and  from 

work) 

10.85 

I... 

Carfare   (other) 

7.84 

„..„ 

. 

Books  and  magazines 

2.81 

^~ 

«... 

Gifts 

14.96 



,        1., 

Total  Sundries 

152.22 

2.93 

Total 

$589.22 

$11.33 

♦This  budget  appears  on  page  416  of  Part  Third  of  this  BrIef,--only  the 
weekly  cost  is  here  worked  out. 


XVI 

This  being  tlie  bare  living  cost  for  women  workers 
in  the  District,  it  appeared  before  Congress,  as  dis- 
closed in  the  Eeport  of  the  House  Committee  which  pro- 
posed the  legislation  (Rep.  No.  571,  H.  R.,  65th  Con.  2nd 
Sess.)  that  46%  of  600  women  workers  interviewed 
earned  less  than  $8  per  week  and  64%  less  than  $10  per 
week.  This  low  wage  was  not  owing  to  their  youth  and 
inexperience,  for  72%  were  twenty-one  years  of  age,  or 
older,  and  one-half  of  those  earning  less  than  $9  per  week 
had  been  at  work  for  five  years  and  more.*  Congress, 
dealing  with  the  situation  it  found  in  the  summer  of  1918, 
had,  of  course,  to  consider  the  enormous  increase  in  the 
cost  of  living.  The  actual  amount  of  such  increase  had 
been  studied  and  determined  by  the  Bureau  of  Labor 
Statistics.  The  findings  of  comparative  cost  increases 
between  1916  and  1918,  made  by  the  Bureau  of  Labor 
Statistics,  and  acted  upon  by  the  Minimum  Wage  Board 
preceding  its  order  follow: 


•See  page  129  of  Part  First  of  this  Brief. 


xvu 


Comparison  of  Cost  of  Living  of  Working  Women  in 

THE  District  of  Columbia  in  December,  1916, 

AND  in  December,  1918.* 


Yearly  Cost  %  Increase         Yearly  Cost 

Items                                         1916  1916  to  1918                  1918 

Board  and  Room $312  50%            $468 

Clothin-  125  59.4              199.25 

Sundries 

Laundry _ 30.00  30.00 

Sickness „ 14.00  30             18.20 

Dentistry  6.55  11               7.25 

Oculist 1.99  76              3.50 

Amusements  „     7.44  58              9.60 

Vacation  13.16  13.16 

Fruit  and  Candy  ......     5.70  5.70 

Insurance    9.65  9.65 

Charity 1.79  1.79 

Religion  ...._ 4.54  4.54 

Labor  Org-anizations       .30  .30 

Other  Organizations       .49  .49 

School  Tuition 1.70  1.70 

Carfare  (to  and 

from  work) 10.85  20             13.00 

Carfare  (other) 7.84  20              9.40 

Rooks  &  Magazines     2.81  46               3.45 

Gifts _...  14.96  14.96 

Other   Incidentals 18.45  18.45 

Total  Sundries 152.22  8.5               165.14 

Total 589.22  41.3              832.39 

♦This  table  will  be  found  on  page  416,  Part  Third  of  this  Brief. 


Weekly  Cost 
1918 


$9 

3.83 


.58 

.35 

.14 

.07 

.18 

.25 

.11 

.19 

.03 

.09 

.005 

.01 

.03 

.25 
.18 
.07 
.29 
.35 


3.175 


16.005 


XVIU 

These  findings  as  to  the  cost  of  the  barest  necessaries 
are  to  be  compared  with  the  Eeport  made  by  the  Mini- 
mum Wage  Board  into  the  wages  of  women  in  hotels, 
restaurants  and  allied  industries  (including  hospitals).* 
The  Board  found  that 

''1300,  or  58  per  cent,  of  the  2209  women  for  whom 
wage  data  were  obtained  were  receiving  less  than 
$16  or  its  equivalent  per  week.  A  general  average 
in  this  instance  tends  to  conceal  the  real  wage  situa- 
tion. A  classification  according  to  type  of  estab- 
lishment gives  a  much  clearer  picture  of  the  facts. 
Of  the  women  employed  in  the  industry,  72.2  per 
cent  in  hotels,  42.6  per  cent  in  restaurants,  82.3  per 
cent  in  hospitals  and  100  per  cent  in  apartment 
houses  were  receiving  less  than  $16  a  week  or  its 
equivalent.  In  the  general  average  the  higher  rates 
prevailing  in  restaurants  offset  the  lower  rates  in 
hotels  and  hospitals.  The  apartment  house  employ- 
ees included  in  this  study  were  too  few  in  number 
to  affect  the  general  figures.'*** 

On  this  basis  it  appears  that  Congress  was  obliged 
to  consider  ways  and  means  for  meeting  the  deficit 
between  the  minimum  cost  necessary  for  women  workers 
to  live  without  detriment  **to  their  health  and  morals,'' 
and  the  wages  which  were  actually  being  paid  helow  this 
mmimum  to  a  considerable  percentage  of  the  women 
workers  of  the  District.  The  matter  was  thus  put  in  the 
testimony  of  Dr.  W.  C.  Woodward,  the  Health  Conamis- 
sioner  of  the  District : 

**That  there  is  a  very  definite  relation  between 
wages  and  health,  and  between  wages  and  morals, 


•Bulletin   No.  3  of  District  of  Columbia   Minimum  Wage  Board,   October 
10,  1919. 

♦♦Bulletin  No.  3,  supra,  quoted  on  pages  7-8  of  Part  First  of  the  Brief. 


XIX 

I  think  will  be  conceded  by  every  one  who  at  any 
time  has  had  to  earn  his  own  living,  and  who  has 
even  the  slightest  knowledge  of  hygiene  or  Jiealth. 
We  know  that  in  any  organized  commnnity  we  can 
not  get  ordinary  shelter  without  paying  for  it;  that 
to  clothe  the  body  costs  money;  that  food  costs 
money;  that  provision  for  ordinary  protection 
against  illness  requires  money;  and  that  protection 
of  life — if  you  will,  provision  for  recreation  facili- 
ties— requires  the  expenditure  of  money;  and  we 
know  that  the  wage  earner  depends  on  her  wage  to 
get  that  money.  It  stands  to  reason,  therefore,  that 
inadequacy  of  wage  means  either  of  two  things: 
On  the  one  hand  it  may  mean  inadequacy  of  shelter, 
inadequacy  of  clothing,  inadequacy  of  food,  inade- 
quacy of  recreational  facilities  on  the  one  hand  it 
may  mean  any  one  of  those  conditions,  or  it  may 
mean  all — ^with  resultant  impoverishment  of  health 
— or,  on  the  other  hand,  it  means  that  from  some 
source  or  other  the  wage  must  be  supplemented,  with 
possible  resort  to  wrongdoing  to  accomplish  that 
end.  I  am  very  loath,  however,  to  connect  up 
minimum  wages  with  moral  questions.  The  most  I 
care  to  say  there  is  that  when  one  is  tempted  the 
lack  of  physical  stamina  and  the  necessity  for  main- 
taining life  increase  the  weight  of  the  induce- 
ment certainly  make  yielding  easier.''* 

Congress,  as  its  reports  disclose,  found  that  alarming 
public  evils  had  resulted,  and  threatened  in  increasing 
measure,  from  the  widespread  existence  of  the  deficit  be- 
tween the  essential  needs  for  a  decent  life  and  the  actual  ^ 
earnings  of  large  numbers  of  women  workers  of  the  Dis- 
trict. The  health  of  large  sections  of  the  present  genera- 
tion was  thereby  suffering  from  undernourishment,  de- 

*See  Henrings  before  Sub-Committee  of  the  Committee  on  the  District  of 
Columbia,  House  of  Representatives  65th  Con.  2nd  Sess.  on  H.  R.  10,367,  p.  29, 
quoted  in  Rep.  No,  571  H.  R.  65th  Con.  2nd  Sess.  and  printed  on  page  124  of 
Part  First  of  this  Brief. 


moralizing  shelter  and  insufficient  medical  care.  Inevit- 
ably, the  coming  generation  was  thereby  threatened. 
Standards  of  morals  were  endangered  by  increasing  the 
strain  necessary  to  resistance.  Economic  efficiency  and 
productiveness  were  wastefuUy  limited;  the  fruitful  use 
of  economic  resources  was  needlessly  restricted.  In  its 
immediate  effects,  financial  burdens  were  imposed  upon 
the  District,  involving  excessive  and  unremunerative 
taxation,  for  the  support  of  charitable  and  quasi-char- 
itable institutions  engaged  in  impotent  amelioration 
rather  than  prevention. 

In  a  word,  here,  if  ever,  was  presented  a  community 
problem  of  a  most  compelling  kind,  calling  for  legisla- 
tion * 'greatly  and  immediately  necessary  to  the  public 
welfare '»  {Nohle  State  Bank  v.  Haskell,  219  U.  S.,  104, 
111). 

Second. — The  purpose  of  the  Act  was  to  provide  for  this 
deficit  between  the  cost  of  women's  labor — i.  e.,  the  means 
necessary  to  keep  labor  going — and  any  rate  of  women's  pay 
below  the  minimum  level  for  living,  and  thereby  to  eliminate 
all  the  evils  attendant  upon  such  deficits  on  a  large  scale. 

No  one  claims,  surely  not  the  plaintiffs,  that  Con- 
gress, in  this  legislation,  was  actuated  by  a  desire  to 
gratify  any  venom  or  mob  spirit  against  individuals  in 
order  to  injure  them.  There  is  no  dispute  that  Congress 
was  honest,  was  acting  in  good  faith,  in  avowing  the 
purposes  which  it  did  in  the  enactment  of  the  Minimum 
Wage  Law,  to  wit : 


XXI 

**to  protect  the  women  and  minors  of  tlie  District 
from  conditions  detrimental  to  their  health  and 
morals,  resulting  from  wages  which  are  inadequate 
to  maintain  decent  standards  of  living/'        ~  ~ 

In  a  word,  the  ends  toward  which  this  legislation  was 
directed  were  the  ends  of  the  very  life  of  a  nation, 
namely,  the  health  and  civilized  maintenance  of  this 
generation,  and  a  healthy  and  civilized  continuance  of 
generations  to  follow.  The  only  complaint  is  the  want 
of  adaptation  of  the  means  chosen  by  Congress  for 
the  attainment  of  ends  which  it  indisputably  could  pur- 
sue. We  shall  at  once  consider  the  justification  of  the 
choice  of  means  exercised  by  Congress.  But  in  order  to 
appraise  with  insight  the  means  chosen  by  Congress 
it  is  important  to  realize  with  conviction  not  merely  the 
abstract  legitimacy  of  the  ends  at  which  Congress  was 
aiming,  but  also  the  details  of  the  situation  that  actually 
confronted  Congress  in  discharging  its  constitutional 
duty  to  legislate. 

POINT  III. 

The  means  selected  by  Congress  ^^are  appro- 
priate^'  and  ^'plainly  adapted''  to  accomplish 
the  legitimate  end. 

The  second  part  of  Marshall's  canon  reads  as  follows : 

*^A11  means  which  are   appropriate,  which   are 
plainly  adapted  to  the  end    *    *    */» 

This  states  the  broad  scope  of  the  question.  Later 
cases,  without  changing  Marshall 's  central  point  of  view, 


xxu 

have  phrased  it  in  a  slightly  different  form.  **  Plainly 
adapted, ' '  they  indicate,  means  *  ^  not  plainly  unadapted.  ^  ^ 
This  has  been  the  spirit  of  the  later  formulas.  The  recur- 
ring adjectives  used  by  the  Supreme  Court  are  **  arbi- 
trary,*' '^  wanton  *'  and  *  *  spoliative, ' '  and  this  is  the 
thought  that  underlies  the  decisions  (e.  g,,  Jones  v. 
Brim,  165  U.  S.,  180,  182;  Booth  v.  Illinois,  184  U.  S., 
425,  429;  Lemieux  v.  Young,  211  U.  S.,  489,  496;  McLean 
V.  Arkansas,  211  U.  S.,  539,  548;  Grenada  Lumber  Co. 
v.  Mississippi,  217  U.  S.,  433,  411-2;  Noble  State  Bank 
V.  Haskell,  219  U.  S.,  104,  110-11;  Chicago,  Burling- 
ton S  Quincy  Co,  v.  McGuire,  219  U.  S.,  549,  567-8;  Cen- 
tral Lumber  Co,  v.  South  Dakota,  226  U.  S.,  157,  160-1; 
Schmidinger  v.  Chicago,  226  U.  S.,  578,  588;  Erie  R.  R, 
Co.  V.  Williams,  233  U.  S.,  685,  699,  704;  Chicago  S  Alton 
R.  R,  V.  Tranbarger,  238  U.  S.,  67,  77 ;  Tanner  v.  Little, 
240  U.  S.,  369,  386). 

This  case,  however,  does  not  raise  any  issue  as  to 
the  possible  differences  resulting  from  the  difference  in 
emphasis  between  ** plainly  adapted'*  and  **not  plainly 
unadapted.*'  The  statute  fulfills  Marshall's  require- 
ment of  appropriate  correlation  of  means  to  end,  judged 
from  the  angle  of  sincere  respect  for  the  exercise  of  leg- 
islative discretion,  and  the  corresponding  restraint  that 
keeps  the  Supreme  Court  from  exercising  its  great  powers 
of  negation  in  the  field  of  politics  and  policies,  as  dis- 
tinguished from  the  narrow  ground  of  immutable  prin- 
ciples which  alone  the  due  process  clause  protects. 


XXIU 

First. — From  among  the  alternative  means  which  Con- 
gress might  have  adopted  for  accomplishing  these  public  ends 
the  particular  one  adopted  was  reasonable  and  appropriate. 

The  object  of  Congress  was,  as  we  have  shown,  to 
provide  for  a  disastrous  deficit  between  women's  labor 
cost  and  their  labor  pay,  so  as  to  eliminate  grave  public 
evils  and  also  to  promote  decent  standards  of  life.  The 
possible  alternative  courses  of  action  which  were  open 
to  Congress  in  this  situation  may  be  summarized  as 
follows : 

(1)  It  could  have  refrained  from  action,  and  sub- 
mit to  the  evils  as  inevitable  human  misfortunes,  subject 
to  no  prevention,  but  only  to  alleviation  through  public 
and  private  charity. 

(2)  It  could  have  provided  a  direct  subsidy  out  of 
the  public  treasury  to  pay  a  wage  equal  to  the  necessary 
cost  of  living,  just  as  for  other  reasons  of  policy  govern- 
ments have  granted  subsidies  to  manufacture. 

(3)  It  could  have  adopted  the  Massachusetts  method, 
which  seeks  to  compel  the  necessary  wage  increase 
through  intelligent  self-interest  and  the  pressure  of  pub- 
lic opinion ;  or 

(4)  It  could  have  taken  the  method  it  did  take,  which 
involved  a  prohibition  of  the  use  of  women's  labor  for 
less  than  its  cost,  except  by  special  license  from  the 
Board. 

There  was  cumulative  testimony,  both  in  the  belief 
of  those  entitled  to  express  an  opinion  and  in  the  actual 


XXIV 

record  of  experience,  that  these  evils  are  not  inevitable 
human  misfortunes.  Congress  was  entitled  to  disprove 
that  lazy  gospel  of  fatalism,  as  other  English-speaking 
countries,  equally  jealous  of  safeguarding  ^'liberty"  and 
"  property '*  and  many  American  States  had  disproved  it. 
EVom  the  point  of  view  of  effectiveness  in  accomplish- 
ing its  purposes  (which  alone  is  here  relevant),  the  choice 
of  Congress,  among  the  three  remedial  methods,  surely 
was  not  ^  *  arbitrary ' '  or  *  *  unreasonable. '  *  It  had  the  sup- 
port of  a  great  body  of  public  opinion  {Jacohson  v.  Mass., 
197  U.  S.,  11,  31,  34-5;  Muller  v.  Oregon,  208  U.  S.,  412, 
^20;  McLean  v.  Arkansas,  211  U.  S.,  539,  548,  549 ;  Tanner 
V.  Little,  240  U.  S.,  369,  385-6),  crystallized  not  only  in  the 
expression  of  thinkers,  but  in  the  extensive  and  success- 
ful experience  of  other  countries  with  such  legislation 
(Part  Second,  pp.  280  et  seq.),  in  the  fact  of  such  legis- 
lation in  other  States  (pp.  179  et  seq,)y  in  the  successful 
working  of  such  legislation  {infra,  pp.  1  et  seq.),  and  in 
the  voluntary  and  successful  establishment  of  similar 
standards  by  manufacturers  {infra,  pp.  91  et  seq.).  In 
other  words  Congress  rested  on  the  appeal  ^*from  judg- 
ment by  speculation  to  judgment  by  experience"  {Tarmer 
Y.  Little,  24.0  U.  S.,  369,  386). 

There  is  now  before  this  Court  not  only  the  per- 
suasive volume  of  accredited  opinion  and  the  experience 
of  other  States  and  countries  (not  unlike  our  own  either 
in  industrial  conditions  or  legal  traditions)  vindicating 
the  reasonableness,  not  to  speak  of  the  absence  of  un- 
reasonableness, of  the  Congressional  legislation,  but  also 
the  proved  effectiveness  of  the  experience  of  the  District 


XXV 

under  this  Act  {infra,  pp.  1  et  seq.).  This  is  now  sought 
to  be  upset  as  beyond  the  power  of  Congress  in  coping 
with  evils  which  are  yielding  under  the  enforcement  of 
this  Act. 

Second. — Therefore,  even  though  this  Court  might  think 
that  some  other  means  would  have  greater  chance  of  effective- 
ness, it  was  open  to  Congress  to  try  this  method  unless  it  was 
affirmatively  prohibited  by  the  Constitution. 


POINT  IV. 

No  rights  of  plaintifPs  secured  under  the 
Constitution  of  the  United  States  prohibit  the 
use  of  the  means  so  adopted  by  Congress  to 
accomplish  these  legitimate  public  ends. 

'^The  end*'  then  is  ''legitimate"  and  '* within  the 
scope  of  the  Constitution''  and  ''the  means"  are  "ap- 
propriate  and  plainly  adapted "  (and  a  fortiori  not  plain- 
ly unadapted)  to  that  end.  The  only  remaining  question 
is:  are  these  means  "prohibited"  and  do  they  "consist 
with  the  letter  and  the  spirit  of  the  Constitution?" 

It  is  not  the  burden  of  Congress  to  demonstrate  af- 
firmatively that  the  Constitution  explicitly  authorizes  the 
use  of  these  appropriate  means  for  accomplishing  its 
public  ends;  rather  it  is  for  the  plaintiffs  to  show  some 
explicit  withdrawal  of  that  power  from  it.  We  have  seen 
that  the  only  alleged  obstruction  to  the  power  exercised 
by  Congress  which  calls  for  discussion  is  the  Due  Process 
Clause  in  its  substantive  application:  does  Congress  "de- 


XXVI 

prive''  The  Children's  Hospital  or  Lyons  of  '^life,  liberty 
or  property  without  due  process  of  lawf 

There  are  two  questions  to  every  issue  under  the  Due 
Process  Clause  and  it  will  make  for  clarity  if  they  are 
kept  distinct.  (1)  Has  there  been  deprivation  of  ^4ife, 
liberty  or  property  f  (2)  If  so,  what  is  the  justification, 
i.  e.,  the  *'due  process '*  of  the  deprivation? 

On  the  deprivation  question,  we  assume,  for  the  pur- 
pose of  this  discussion,  that  even  the  slightest  interfer- 
ence with  even  the  most  capricious  wish  of  an  individual 
is  a  deprivation  of  ** liberty''  (using  the  word  in  an  un- 
qualified sense  and  not  restricting  its  meaning  so  as  to 
limit  it  to  a  ^ liberty"  regulated  by  '^due  process").  In 
that  expansive  sense  we  concede  there  has  been  depriva- 
tion here.  So  long  as  there  is  a  deprivation  of  ^'liberty," 
it  is  immaterial  whether  there  is  also  a  deprivation  of 
** property";  but  in  so  far  as  unrestrained  liberty  of 
business  action  is  to  be  regarded  as  also  a  property  right, 
we  likewise  as^me  even  a  nominal  deprivation  of  *' prop- 
erty." 

The  only  point,  then,  for  consideration  here  is  whether 
the  deprivation,  such  as  it  was,  is  ^'without  due  process 
of  law. ' ' 

The  Supreme  Court  has  consistently  recognized  the 
futility  of  attempting  an  inclusive  definition  of  **due 
process."  But  during  forty  years  and  more  of  judicial 
unfolding,  the  central  ideas  that  inhere  in  this  constitu- 
tional safeguard  have  become  manifest.  A  careful  study 
of  the  long  line  of  cases  involving  an  interpretation  of 
the  Fourteenth  Amendment,    (that  Amendment  rather 


xxvu 

than  the  Fifth  has  given  most  material  for  determination 
of  what  is  involved  in  Due  Process)  beginning  with  the 
Slaughter-house  Cases  (16  Wall.,  36),  shows  two  dom- 
inant ideas  conceived  to  be  fundamental  principles:  (1)1 
freedom  from  arbitrary  or  wanton  interference,  and  (2)/ 
protection  against  spoliation  of  property.  ** Arbitrary,*' 
'' wanton '^  and  *^ spoliation''  are  the  words  which  are 
the  motif  of  the  decisions  under  the  Due  Process  Clause. 
That  is  as  close  as  we  can  get  to  it;  it  is  close  enough, 
when  dealing  with  the  great  questions  of  government. 
What  it  means,  what  all  the  cases  illustrate,  is  that  the 
Fourteenth  Amendment  intended  to  leave  the  States  the 
free  play  necessary  for  effective  dealing  with  the  con- 
stant shift  of  governmental  problems,  and  not  to  hamper 
the  States  except  where  it  would  be  obvious  to  disinter- 
ested men  that  the  action  was  arbitrary  and  wanton  and 
therefore  spoliative  and  unjustified.  Of  course,  exactly 
the  same  freedom  of  action,  the  same  scope  for  legisla- 
tion, belongs  to  Congress  when  dealing  with  the  Dis- 
trict.* 

First.— The  so-called  "liberties"  of  which  the  plaintiffs 
claim  to  have  been  deprived  were  merely  nominal  and  theo- 
retical and  not  asserted  bona  fide.  Therefore  it  was  not  "arbi- 
trary," "wanton"  or  a  "spoliation"  for  Congress  to  allow 
great  public  interest  to  prevail  over  them. 

To  be  sure,  the  ''liberty"  protected  by  the  Fifth 
and  Fourteenth  Amendments  leaves  a  man,  within  limits, 

•Wherever  the  scope  of  the  Fourteenth  Amendment,  limiting  the  States  to 
Due  Process,  is  discussed  in  this  Brief,  it  will  be  assumed  that  the  same 
considerations  apply  as  to  Congress  under  the  Fifth  Amendment. 


XXVUl 

to  do  what  he  likes  and  be  sole  judge  of  his  wishes  and 
interests.  But  before  these  rights  can  be  entitled  to 
constitutional  protection  they  must  be  susceptible  of 
translation  into  terms  of  substance  and  human  satisfac- 
tion and  not  merely  theoretical  caprices,  unrelated  to  real 
action  in  a  finite  world. 

In  balancing  individual  rights  against  the  power  of 
Congress  or  a  State  the  Constitution  is  not  **  formal 
rather  than  vital,"  and  its  limitations  are  not  mere 
^'mathematical  formulas  having  their  essence  in  their 
form''  rather  than  *' organic  living  institutions  trans- 
planted from  English  soiP'  (Gompers  v.  United  States, 
233  U.  S.,  604,  610).  The  Supreme  Court  has  avoided 
the  scholasticism  which  seeks  to  **  press  the  broad  words 
of  the  Fourteenth  Amendment  to  a  drily  logical  extreme'' 
(Noble  State  Bank  v.  Haskell,  219  U.  S.,  104, 110;  see  also 
Interstate  Railway  Co,  v.  Massachusetts ,  207  U.  S.,  79, 
86-7). 

Examination  of  the  present  records  shows  that  no 
hona  fide  claim  of  any  really  desired  liberty  of  action  is 
asserted,  and  it  is  only  the  claims  that  are  both  asserted 
and  actually  involved  which  can  be  considered  {Chicago 
B.tf.  V.  Wellman,  143  U.  S.,  339,  344;  Hatch  v.  Reardon, 
204  U.  S.,  152 ;  Plymouth  Coal  Co.  v.  Pennsylvania,  232 
U.  S.,  531,  545;  Jeffrey  Co.  v.  Blagg,  235  U.  S.,  571,  576; 
Lehon  v.  Atlanta,  242  U.  S.,  53). 

For  what  is  the  *' liberty"  which  these  plaintiffs  as- 
sert and  show  to  be  really  curtailed?  It  is  nothing  but 
the  ** liberty"  of  not  being  required  to  get  leave  of  the 
Board  before  making  contracts  below  a  living  wage. 


XXIX 

It  is  true  that  counsel  claims  they  have  been  deprived 
of  the  actual  liberty  of  making  the  contract  itself,  but 
this  is  to  assume,  without  any  basis  whatever  in  either 
Eecord,  that  the  Board  would  have  rejected  any  applica- 
tions that  might  have  been  made.  Neither  of  the  plain- 
tiffs asserts  that  his  case  is  not  within  the  scope  of  the 
license  clause  (Sec.  13),  or  that  application  has  been 
made  and  refused.  {Children's  Hospital,  R.,  fol.  14; 
Lyons,  R.,  fol.  10.) 

Children's  Hospital  alleges  that  **said  women  em- 
ployed in  said  hospital  for  children,  who  receive  less 
than  $16.50  are  incompetent  by  reason  of  age,  inability 
or  otherwise  to  earn  more"  (Children's  Hospital,  E., 
fol.  7).  Similarly,  Lyons  makes  no  allegation  that  she 
is  not  within  the  class  to  whom  licenses  are  available 
under  Sec.  13,  i.  e.,  those  ^^  whose  earning  capacity  has 
been  impaired  by  age  or  otherwise.''  In  the  absence  of 
proof  to  the  contrary,  the  Court  will,  of  course,  assume 
that  the  Board  will  grant  an  appropriate  request 
(Gundling  v.  Chicago,  177  U.  S.,  183,  186;  Mutual  Film 
Corporation  v.  Industrial  Commission,  336  U.  S.,  230, 
245-6;  Lehon  v.  Atlanta,  242  U.  S.,  53).  Without  any 
showing  that  applications  for  licenses  would  have  been 
fruitless,  or  were  made  and  denied,  plaintiffs  are  in  no 
position  to  assert  a  loss  of  the  right  to  do  what,  for  all 
that  appears,  they  might  have  been  permitted  to  do. 

But  their  claim  is  still  more  fragile.  Children's  Hos- 
pital complains  that  the  Act  will  necessarily  restrict  it 

*^to  the  employment  only  of  women  who  are  capable 
of  performing  labor  sufficient  to  earn  said  sum  of 


XXX 

$16.50  per  week  or  more''  {Children's  Hospital,  R., 
fol.  8). 

In  other  words,  the  so-called  "liberty''  which  Children's 
Hospital  claims  is  merely  a  "liberty"  to  employ  less- 
than-$16.50-women  for  less  than  $16.50  instead  of  $16.50- 
women  for  $16.50.  It  may  well  be  that  it  is  to  the  advan- 
tage of  Children's  Hospital  to  employ  the  more  efficient 
because  that  may  make  for  greater  stability,  less  labor 
turn-over  and  increased  effectiveness,  and  thereby 
economy,  in  the  management  of  the  Hospital.  Nor  must 
it  be  lost  sight  of  that  Congress  necessarily  is  dealing 
with  the  generality  of  instances ;  with  business  in  general, 
and  not  with  the  isolated  case  of  a  charitable  institution. 
And  the  evidence  is  overwhelming  that  the  minimum 
wage  laws  have  made  for  greater  stability  for  business 
and  increased  profits.   (See  Part  First,  pp.  72-168.) 

Similarly,  the  "liberty"  which  Lyons  asserts  is  ficti- 
tious, unreal,  and  against  her  own  interest.  She  makes 
the  remarkable  allegation  that  $35  a  month  and  two 
meals  a  day  are 

"the  best  wages  and  compensations  for  her  labor 
that  she  is  able  to  receive  for  any  employment  of 
labor  that  she  is  capable  of  performing,"  (Lyons 
E.  fol.  5.). 

This  carefully  framed  language  avoids  any  allega- 
tion that  her  labor  is  not  worth  at  least  $16.50  or  costs 
her  less  to  produce.  Moreover,  it  is  perfectly  plain  that 
Lyons  presents  an  "inspired"  case,  filed  not  in  her  own 
interest  but  in  support  of  that  of  The  Children's  Hos- 


XXXI 

pital.  The  Court  will  take  note  of  identity  of  pleadings, 
identity  of  counsel  in  the  two  suits  and  the  submission  of 
the  Lyons  case  upon  the  brief  submitted  in  behalf  of  TCEe 
Children's  Hospital.  Palpably,  the  Court  has  before  it 
**a  friendly  suif  to  overturn  an  act  of  Congress. 

^'The  theory  upon  which,  apparently,  this  suit 
was  brought  is  that  parties  have  an  appeal  from  the 
legislation  to  the  courts;  and  that  the  latter  are 
given  an  immediate  and  general  supervision  of  the 
constitutionality  of  the  acts  of  the  former.  Such  is 
not  true.  Whenever,  in  pursuance  of  an  honest  and 
actual  antagonistic  assertion  of  rights  by  one  indi- 
vidual against  another,  there  is  presented  a  ques- 
tion involving  the  validity  of  any  act  of  any  legis- 
lature, State  or  Federal,  and  the  decision  neces- 
sarily rests  on  the  competency  of  the  legislature  to 
so  enact,  the  court  must,  in  the  exercise  of  its  solemn 
duties,  determine  whether  the  act  be  constitutional 
or  not ;  but  such  an  exercise  of  power  is  the  ultimate 
and  supreme  function  of  courts.  It  is  legitimate 
only  in  the  last  resort,  and  as  a  necessity  in  the 
determination  of  real,  earnest  and  vital  controversy 
between  individuals.  It  never  was  the  thought  that, 
by  means  of  a  friendly  suit,  a  party  beaten  in  the 
legislature  could  transfer  to  the  courts  an  inquiry 
as  to  the  constitutionality  of  the  legislative  acf  * 

Of  course,  in  determining  whether  the  *' liberty"  as- 
serted is  real,  the  Court  considers  the  bona  fides  of  the 

•Apropos  of  the  allegation  by  Children's  Hospital  that  "less  competent 
employees  will  be  prevented  from  laboring  for  this  plaintiff"  (Children's  Hos- 
pital R.  fol.  8)  the  following  observation  of  the  Supreme  Court  in  Holden  v. 
Hardy,  169  U.  S.  366,  397,  is  pertinent: 

"It  may  not  be  improper  to  suggest  in  this  connection  that  although 
the  prosecution  in  this  case  was  against  the  employer  of  labor  his  defence 
was  not  so  much  that  his  right  to  contract  has  been  infringed  upon, 
but  that  the  Act  works  a  peculiar  hardship  to  his  employees,  whose 
right  to  labor  as  long  as  they  please  is  alleged  to  be  thereby  violated. 
The  argument  would  certainly  come  with  better  grace  and  greater 
cogency,  from  the  latter  class." 


XXXll 

claim  of  which  it  is  advanced.  In  this  particular  situa- 
tion, the  Court  will  not  be  blind  to  the  fact  that  the  only 
possible  financial  advantage,  which  would  accrue  from 
the  invalidation  of  the  Act,  depends  upon  the  hypothesis 
that  it  prevents  the  employer  not  merely  from  getting 
the  labor  of  one  particular  woman  rather  than  of  an- 
other, but  of  getting  labor  at  less  than  the  true  value  of 
its  products.  For  it  is  preposterous  to  suppose  that  an 
employer  would  really  exercise  or  value,  in  his  actual 
business  operation,  the  ^ liberty''  which  he  here  claims, 
namely,  a /liberty"  to  employ  an  inefficient  woman  in 
place  of  an  efficient  one,  if  he  proposed  to  pay  in  either 
case  what  the  output  is  really  worth. 

In  short,  as  a  practical  proposition  it  is  impossible  to 
escape  the  conclusion  that  the  *^ liberty"  which  an 
employer  opposing  this  Act  (and  its  enactment  was  urged 
by  the  Merchants  and  Manufacturers '  Association  of  the 
District,  Part  Five,  pp.  126-7)  really  is  seeking  is  a  **lib- 
/  erty''  to  pay  an  unfair  wage. 

Nor  can  it  be  that  Lyons'  claim  is  any  more  bona  fide 
— for  the  evident  purpose  of  her  case  is  to  support  the 
object  of  her  employer  against  her  own  interest. 

Clearly,  therefore,  the  claims  of  ** liberty''  urged  by 
the  plaintiif s  are  purely  theoretical  and  fictitious  claims ; 
the  *  liberties"  asserted  do  not  reach  the  level  of  those 
protected  by  the  Constitution.  The  possible  conduct 
which  the  Act  restrains  is  conduct  which — though  they 
pretend  to  desire  it — would  be  contrary  to  their  own 
real  interest  and  one  that  does  not  correspond  to  the 
real,  as  opposed  to  the  alleged  facts  of  the  situation. 


XXXlll 

Second. — The  alleged  deprivations  of  property  are  either 
merely  nominal  and  not  boncn  fide  like  the  so-called  "liberties," 
or  hypothetical  and  unsubstantiated;  and  therefore,  were  not 
dealt  with  arbitrarily  or  wantonly  or  as  a  spoliation. 

As  to  "property''  Lyons  shows  no  deprivation  what- 
ever that  can  be  distinguished  from  her  claim  in  regard 
to  "liberty.''  Therefore,  no  further  special  considera- 
tion of  her  case  is  necessary  on  this  point. 

The  Children's  Hospital  claim  is  that  "to  be  com- 
pelled to  pay  said  wage  fixed  by  said  Board  to  all  of  its 
said  employees  would  so  increase  its  cost  of  operation 
that  it  could  not  attempt  to  conduct  its  said  Hospital 
within  its  income."     {Children's  Hospital  E.  fol.  9.) 

Before  considering  other  decisive  answers  to  this 
claim,  let  us  point  out  one  which  disposes  of  it  at  the 
threshold,  namely,  that  the  statute  itself  provides  plain- 
tiff the  means  of  avoiding  any  property  loss  by  the  pro- 
vision of  Section  13  already  discussed,  in  respect  to 
special  licenses  (Children's  Hospital  R.  fol.  14.)  What- 
ever claim  may  be  urged  that  this  requirement  of  appli- 
cation for  licenses  amounts  to  a  deprivation  of  "liberty" 
however  fantastically  conceived,  it  certainly  cannot  be 
said  that  it  amounts  to  any  deprivation  of  property." 
The  plaintiff  cannot  possibly  suffer  a  loss  if  he  applies 
for  and  obtains  a  license.  The  Act  itself  safeguards  the 
right  for  which  plaintiff  asked  this  Court  gratuitously 
to  strike  it  down.  {Gundling  v.  Chicago,  111  U.  S.,  183; 
Lehon  v.  Atlanta,  242  U.  S.,  53). 

Even  if,  however,  we  should,  contrary  to  the  facts, 


XXXIV 

assume  the  most  generous  hypothesis,  namely,  that  a 
license  had  been  sought  and  refused,  Children's  Hospital 
does  not  show  any  deprivation  of  ** property.'*  It  does 
not  even  attempt  to  assert  that  any  present  loss  has 
occurred.  At  most,  it  predicts  that  it  may  occur.  The 
claim  is  purely  a  guess.  Non  constat  that  the  operation 
of  the  Act  may  not  work  to  plaintiff's  profit.  In  actual 
operation,  it  may  make  money  rather  than  take  money. 
Only  experience  can  determine.  Until  an  adverse  expe- 
rience is  shown,  plaintiff  is  without  grievance  to  nullify 
the  legislation  of  Congress  or  state.    This  Court  will  not 

^  overturn  the  judgment  of  Congress  on  a  mere  guess, 
when,  in  fact,  experience  may  disprove  the  guess.  {Will- 
cox  V.  Consolidated  Gas  Co,,  212  U.  S.,  19 ;  Bes  Moines 
Gas  Co,  V.  Bes  Moines ,  238  U.  S.,  153 ;  cf .  Chicago  Rail- 
way V.  Wellman,  143  U.  S.,  339,  344-6). 

In  the  Eighty-cent  Gas  Case  {Willcox  v.  Consolidated 
Gas  Co.,  su^ra)  for  example,  the  Supreme  Court  explic- 
itly made  its  dismissal  of  the  bill  without  prejudice  to 
the  right  of  the  complainant  to  return  to  the  Court  if 
^^the  practical  experience  of  the  effect  of  the  Acts,  by 

^  actual  operation  under  them,"  should  *^ prevent  the  com- 
plainant from  obtaining  a  fair  return."  (212  U.  S., 
19,  54-55). 

The  precedent  in  the  Gas  Case  was  followed  in 
Northern  Pacific  Railway  Co,  v.  North  Bakota,  (216  U. 
S.,  579,  580-1).  Later,  the  complainant  in  that  case 
returned  to  the  Court  and  laid  before  it  experience 
which  demonstrated  in  terms  of  dollars  and  cents  that 


XXXV 

the  Statute  did  work  a  deprivation  of  property.  Then, 
and  not  till  then,  was  the  State's  action  nullified.  (Same 
V.  Same,  236  U.  S.,  585.) 

A  great  variety  of  industries  in  the  District, — the 
printing,  publishing  and  allied  industries,  the  mercantile 
industry,  hotel,  restaurant  and  allied  industries, — ^have 
for  some  time  been  carrying  on  under  the  operation  of  the 
Act.  There  has  thus  been  an  opportunity  to  test  by  ex- 
perience the  claim  of  arbitrariness,  of  spoliation,  which 
is  what  a  claim  of  unconstitutionality  really  means — and 
it  means  nothing  short  of  that.  Adverse  experience  has 
not  been  and  is  not  disclosed.  Mere  prophecies  of  dis- 
aster will  not  prevail.  The  plaintiff's  fears  can  not  out- 
weigh the  judgment  of  Congress.  This  is  the  more  so, 
inasmuch  as  similar  prophecies  of  disaster  have  been 
uniformly  falsified  by  the  event,  wherever  the  legislation 
has  been  tried.  (Part  First,  pp.  136-7.)  It  cannot  be 
insisted  upon  too  strongly  or  too  often  that  the  plaintiff 
cannot  have  **an  appeal  from  the  legislature  to  the 
courts ; ' '  and  that  the  latter,  as  Mr.  Justice  Brewer  put  it, 
are  not  given  **an  immediate  and  general  supervision  of 
the  constitutionality  of  the  Acts  of  the  former."  (Chi- 
cago Railway  Co.  v.  Wellman,14z3  U.  S.,  339,  345.)  Affirm- 
ative proof  must  disclose  that  the  operation  of  the  Act 
assailed  puts  the  plaintiff  to  loss,  i,  e.,  measurable  diminu- 
tion of  his  wealth. 

Of  course,  the  Court  is  not  required  to  sustain  an 
Act,  if  without  waiting  for  experience,  it  is  patent  that 
the  result  must  certainly  spell  property  loss  to  the  plain- 


y 


XXXTl 

tiff.  That  follows  from  the  Court's  equity  powers  to 
prevent  irreparable  injury.  To  make  such  a  case,  how- 
ever, the  imminence  of  the  injury  must  be  something 
more  than  a  mere  guess,  something  more  than  a  mere 
partisan  claim  of  a  litigant  in  a  situation  which  involves 
so  **many  elements  of  uncertainty  in  the  calculation.'' 
(Northern  Pacific  Railway  Co.  v.  North  Dakota,  216 
IJ.  S.,  579,  580-1,  supra).  The  imminence  of  the  injur}' 
must  be  demonstrable  as  an  unavoidable  result  of  the 
operation  of  the  Act. 

The  attitude  to  be  observed  towards  a  hypothetical 
claim  of  harm  towards  a  speculative  assertion  of  uncon- 
stitutionality has  thus  been  indicated  by  the  Supreme 
Court  {Chicago  Railway  v.  Wellman,  143  U.  S.,  339, 
supra) : 

^*The  silence  of  the  record  gives  us  no  informa- 
tion, and  we  have  no  knowledge  outside  thereof, 
and  no  suspicion  of  wrong.  Our  suggestion  only 
indicates  how  easily  courts  may  be  misled  into  doing 
grievous  wrong  to  the  public  and  hoiv  careful  they 
should  be  not  to  declare  legislative  acts  uncontitu- 
tional  upon  agreed  and  general  statements,  and 
without  the  fullest  disclosure  of  all  material  facts.** 
(p.  346.)     (Italics  Ours.) 

The  present  record  wholly  fails  to  show  any  actual 
existing  loss.  The  plaintiff  merely  dolefully  predicts 
loss,  and  the  prediction  is  based  upon  a  construction  of 
the  Act  which  it  does  not  bear,  or  upon  a  gloomy  theory 
of  industrial  economics  which  all  available  experience 
disproves. 

The    claim    of    Children's    Hospital,    quoted    above 


XXXVll 

alleges,  its  inability  to  conduct  the  Hospital  within  its  in- 
come ^^ along  the  lines  the  same  as  now  conducted'^  {Chil- 
dren's Hospital,  R.  fols.  7,  8)  if  it  **be  compelled  to  pay 
the  said  wage  fixed  by  said  Board  to  all  of  its  said  em- 
ployees.'' But  the  Act  imposes  no  such  compulsion;  it 
does  not  require  the  Hospital  to  increase  the  wages  of 
these  particular  women.  As  we  have  seen,  it  only  forbids 
continued  employment  at  less  than  the  fixed  minimum 
without  leave  of  the  Board,  the  granting  of  which,  upon 
appropriate  request,  this  Court  will  presume  in  absence 
of  a  showing  to  the  contrary.  {Gundling  v.  Chicago,  111 
U.  S.,  183,  186,  supra;  Mutual  Film  Corporation  v.  In- 
dustrial Commission,  236  U.  S.,  230,  245-6  supra.)  If 
the  terms  of  the  Act  had  prevented  employers  from 
getting  employees  on  a  self-supporting  basis,  or  if  the 
complaint  had  alleged  that  it  is  impossible  to  find  such  a 
supply,  we  might  then  have  had  a  case  at  least  of  certain 
deprivation  of  property  in  the  future,  the  loss  of  which 
equity  could  forestall  in  a  proper  case. 

There  are  two  short  answers  to  such  a  claim.  In  the 
first  place,  the  Act  in  no  wise  imposes  such  a  restriction, 
and  in  the  second  place,  Children's  Hospital  in  no  wise 
alleges  that  its  property  will  be  so  affected.  The  reason 
it  makes  no  such  allegation  is  that  it  would  thereby  call 
into  question  the  basic  assumption  of  the  social  structure. 
For,  in  effect,  it  would  be  tantamount  to  saying  that 
labor  cannot  earn  its  cost, — which  means  that  society  can- 
not be  self-supporting,  even  if  human  energy  is  ade- 
quately employed  and  properly  directed  to  productive 
ends. 


/ 


XXXVlll 

Third. — It  is  not  arbitrary,  wanton,  or  spoliative  for  Con- 
gress to  require  employers  to  pay  the  cost  of  human  labor. 

Plaintiff's  theory  is  something  like  this: 

For  the  sake  of  conserving  the  health  and  morals  of 
women  workers,  and  thereby  the  next  generation,  Con- 
gress wishes  them  to  have  more  money.  In  order  to  pro- 
vide this,  Congress  forbids  an  employer  to  employ  a 
woman  worker  unless  he  gives  her  this  additional  money. 
Inasmuch  as  (according  to  his  theory)  there  is  no  rela- 
tion between  himself  and  her  need  of  this  additional 
money,  his  **  liberty  *'  is  being  limited  by  purely  arbitrary 
conditions,  just  as  if  Congress  should  require  this,  say,  of 
John  D.  Rockefeller,  who  is  not  her  employer,  nor  con- 
cerned with  her  in  any  way.  This  line  of  thought  per- 
vades the  entire  argument  of  the  plaintiffs. 

T}ie  short  answer  to  this  central  claim  of  plaintiffs  is 
that  her  employer  employs  the  woman  and  no  other  per- 
son does.  He  alone  has  the  use  of  working  energy,  to 
produce  which  a  cost  of  not  less  than  $16,50  per  iveek  is 
essential. 

From  this  vital  difference  of  relationship,  inherent  in 
his  peculiar  status  as  her  employer,  follow  the  vital  con- 
sequences which  differentiate  him  from  any  other  citizen, 
and  furnish  the  justification  for  the  impositions  of  her 
minimum  living  cost  upon  him,  as  distinguished  from  any 
other  person. 

It  is  the  employer,  and  the  employer  alone,  who  re- 
ceives the  benefit  of  the  woman's  working  energy,  which 
cannot  be  produced  or  maintained  by  less  than  $16.50  per 
week.    That  is  the  minimum  cost  of  her  labor.    It  pro- 


XXXIX 

vides  only  for  such  quantity  of  food  as  will  preserve  her 
working  energy  and  for  such  shelter  and  clothing  and^ 
maintenance  as  will  save  it  from  destruction  or  impair- 
ment. This  fact  is  not  disputed  by  the  plaintiffs  and 
has  been  authoritatively  and  conclusively  determined  by 
overwhelming  evidence  (See  Part  Two  of  Stettler  Brief, 
pp.  356-383,  submitted  herewith). 

If  the  status  were  that  of  slave  owner  and  slave,  in- 
stead of  employer  and  employee,  the  owner  would  have  to 
expend  at  least  this  much  to  keep  the  slave  in  fit  condition - 
for  her  work;  or  if  we  look  upon  a  human  worker  in  a 
factory   as   a  mere   piece    of  physical  machinery,   this 
weekly  sum  would  represent  the  minimum  actual  cost- 
of  the  coal  and  repairs  it  would  require  for  its  operation. 
The  significance  of  this  is  that  the  expenditure  by  some- 
one of  every  penny  of  this  whole  sum  of  $16.50  upon  an 
employee  goes  to  the  operation  of  the  industry  and  mere-' 
ly  provides  for  the  cost  of  that  operation.    It  goes  to  the 
maintenance  of  the  energy  purchased  by  the  employer 
and  devoted  to  the  industry. 

Suppose  this  minimum  wage  even  allows  a  pitiably 
small  balance  for  civilized  demands  of  the  human  person- 
ality over  and  above  the  absolute  necessities  of  preserv- 
ing the  working  energy  in  its  mere  animal  aspect.  The' 
human  being  is  not  mere  animal.  How  is  it  possible 
to  say,  as  the  employer  says,  that  there  is  no  relation 
between  his  industry,  which  uses  all  the  working  energy 
of  the  worker's  life,  and  the  necessary  cost  of  keeping 
that  life  at  work?  How  is  it  possible  to  say,  as  the 
employer  says,  that  it  is  *^ arbitrary,"   ** wanton*'  or 


^ 


^^spoliative"  for  Congress  to  require  him  to  pay  the 
cost  of  any  articles  (above  all  of  human  beings  who  in 
the  aggregate  make  up  the  State  itself)  if  he  chooses  to 
use  it?  Congress  does  not  compel  him  to  use  it ;  all  that 
it  says  to  him  is  that  if  he  chooses  to  take  its  benefit  he 
must  pay  at  least  its  cost.  Even  thus  limited  in  its  re- 
quirement Congress  is  not  rigid.  It  has  made  provisions 
for  variations  from  the  normal,  it  allows  for  the  diver- 
sities among  women,  and  so  it  grants  the  employer  the 
right  to  use  labor  even  at  less  than  its  cost,  if  he  can  show 
to  the  Board  a  reasonable  justification  for  the  issue  of 
a  special  license. 

To  legislatures  faced  with  such  problems  as  have 
confronted  Congress  and  the  legislatures  of  more  than 
a  dozen  States  the  claim  that  they  cannot  constitutionally 
compel  a  man  to  pay  at  least  the  bare  cost  of  what  he 
uses  must  seem  a  long  departure  from  the  practical  com- 
mon-sense by  which  alone  human  relations  can  be  efii- 
ciently  adjusted. 

Fourth. — The  action  of  Congress  was  not  arbitrary,  wan- 
ton or  spoliative  because  the  direct  interest  of  the  District 
in  these  particular  wage  contracts  gave  it  a  special  justifica- 
tion for  controlling  them. 

A  contract  in  which  a  mere  living  wage  for  women 
workers  is  at  stake  is  not  merely  the  private  concern  of 
the  employer  and  the  employee,  but  a  tripartite  affair 
involving  (1)  employer,  (2)  employees  and  (3)  the  pub- 
lic. 

If  the  employer  and  the  employee  were  completely 
isolated  from  all  reliance  upon  the  outside  public  no  bar- 


xli 

gain  for  emploj^ment  at  less  than  a  living  wage  would 
be  possible,  because  the  deficit  between  the  propused 
payment  for  the  labor  and  the  cost  of  its  production  and 
maintenance  could  not  be  supplied.  Without  assistance  -^ 
from  the  public  in  some  form  or  other  no  employer  could 
obtain  labor  below  cost  nor  could  any  employee  give  it. 
In  other  words,  a  contract  for  labor  below  its  cost  must  — 
inevitably  rely  upon  a  subsidy  from  outside.  To  the  ex- 
tent of  this  subsidy  the  public  is  necessarily  concerned ; 
thereby  the  public  is  drawn  into  the  situation;  it  is  not 
an  intermeddler. 

This  may  become  still  clearer  if  we  frame  the  implicit 
terms  of  the  negotiation  which  the  employer  demands 
the  unconditional  right  to  make  with  employees. 

Employer : 

I  am  to  pay  to  you  and  you  are  to  receive  from  me 
$35.00  a  month  (and  board).  You  are  to  give  to  me 
and  I  am  to  receive  from  you  all  your  working  energy. 

Employee : 

But,  sir,  this  working  energy,  of  which  you  are  to 
receive  the  total,  costs  at  the  ver>'  least  $16.50  a  week. 
How  are  we  to  get  the  balance  ? 

Employer : 

We  can  get  it  in  either  of  three  ways :  (1)  members 
of  your  family  engaged  in  other  industries  will  supply  / 
it  rather  than  see  you  starve,  or  (2)  you  can  get  it  from 
a  ''friend,^'  or  (3)  you  can  get  it  from  public  or  private 
charity. 

This  is  a  plain  case  of  relying  upon  a  public  subsidy 
for  a  private  interest,  and  a  State  or  Congress,  acting 
for  the  District,  has,  therefore,  a  special  right  to  impose  y 
conditions  upon  which  the  industry  or  the  employee  may 


xlii 

enjoy  the  subsidy  or  even  to  refuse  it  absolutely.  Con- 
gress does  not  refuse  it,  but  merely  imposes  conditions 
upon  the  grant.  It  demands  to  be  shown  that  the  subsidy 
is  just  and  necessary  to  the  satisfaction  of  a  Board  acting 
for  the  people  of  the  District.  Employer  has  no  more 
Constitutional  right  to  insist  upon  this  grant  in  aid  of 
his  business  than  a  man  who  undertook  to  raise  bananas 
in  Connecticut  would  have  to  demand,  as  of  right,  a  pub- 
lic subsidy  by  way  of  a  tariff.  Nor  has  the  employee  any 
absolute  **righf  to  give  her  energies  to  the  employer  if 
she  cannot  keep  her  side  of  the  bargain  without  public 
subsidy,  or  her  physical  or  moral  impairment. 

If  her  output  really  is  worth  the  cost  of  her  labor, 
then  surely  she  can  have  no  claim  for  public  assistance. 
If  her  output  is  not  worth  its  cost  because  of  her  ineffi- 
ciency, such  inefficiency  usually  means  that  she  has  not 
been  trained  to  the  best  use  of  her  capacities.  Surely  a 
State  or  Congress  may  induce  such  training,  stimulate 
efficiency  on  the  part  both  of  employer  and  employee,  and 
thereby  add  to  the  wealth  of  the  community.  Experience 
demonstrates  that  in  fact  such  efficiency  is  powerfully 
stimulated  and  productivity  enhanced  by  establishing  a 
minimum  wage.     (Part  First,  pp.  72-90.) 

If  the  worker  cannot  be  trained  to  yield  an  output  that 
does  pay  the  cost  of  her  labor,  then  she  can  either  avail 
herself  of  the  license  conditions  imposed  by  the  statute 
for  such  cases,  or  accept  the  status  of  a  defective  to  be 
segregated  for  special  treatment  as  a  dependent.  The 
State  or  Congress  may  determine  how  defectives  shall 
be  supported,  and  not  be  compelled  to  grant  an  indirect 


xliii 

subsidy.  One  of  the  most  baffling  problems  of  the  mod- 
ern State  is  the  treatment  of  those  who  are  incapable  of 
carrying  their  own  weight.  The  first  step  in  the  solulidn 
is  to  know  who  is  self-supporting  and  who  is  dependent. 
Congress,  therefore,  may  use  means,  like  the  present  Act, 
of  sorting  the  normal  self-supporting  workers  from  the 
unemployable s  and  then  deal  with  the  latter  appropriate- 
ly as  a  special  class,  instead  of  permitting  an  indiscrim- 
inate, unscientific  lumping  of  all  workers,  with  a  resulting 
unscientific  confusion  of  standards. 

Fifth. — It  is  not  arbitrary,  wanton  or  spoliative  for  Con- 
gress to  require  the  employer  to  obtain  a  license  from  the 
Board  before  he  can  buy  labor  at  less  than  cost,  because  that 
is  a  reasonable  means  of  preventing  cut-throat  and  unfair 
competition  between  manufacturers. 

If  Congress  could  have  been  assured  that  wage  con- 
tracts involving  purchase  and  sale  of  labor  will  not  be 
made  in  any  substantial  number  of  cases  for  less  than 
cost,  then  Congress  could  feel  that  its  requirement  of 
prior  scrutiny  by  the  Board  is  unnecessary,  because  if  all 
wage  contracts  were  for  the  fair  value  of  the  produce 
they  would  not  affect  competitive  conditions.  Expe- 
rience, however,  proved  that  Congress  could  not  safely 
rely  on  such  a  hypothesis,  and  that  legislation,  there- 
fore, may  fill  the  gaps  caused  by  the  ignorance  or 
helplessness  of  laborers  and  the  ignorance  or  avarice 
of  employers.  As  against  competing  employers  who  ac- 
cept the  dominant  standard  of  dealing  towards  their 
employees,  and  who  have  a  more  enlightened  view  of  the 


^ 


xliv 

far-reaching  consequences  of  wages  below  the  human 
minimum  upon  industry,  public  health,  living  standards, 
etc.,  the  unscrupulous  and  narrow-minded  employer  may 
obtain  at  least  a  temporary  advantage  by  getting  labor 
at  less  than  its  cost.  Such  an  employer  takes  advantage 
of  a  situation  so  as  to  draw  upon  a  public  subsidy  as  a 
fund  which  enables  him  to  undersell  competitors. 

In  reply  to  all  this,  plaintiff  asserts  an  unrestricted 
'* freedom  of  contract,'*  based  on  a  theoretic  equality  of 
all  who  enter  into  contracts,  whatever  the  actual  condi- 
tions of  life  may  be  and  however  much  the  facts  may 
disprove  such  equality  and  deny  real  freedom.  Women 
to  him  are  men;  and  to  the  indisputable  testimony  of 
the  actual  conditions  that  confront  women  workers,  and 
to  the  proved  handicaps  under  which  they  are  needlessly 
suffering,  Congress  must  turn  a  deaf  ear  because  these 
facts  falsify  a  theory — the  theory  of  abstract  equality 
and  of  a  non-existent  ** freedom"  of  choice  to  work  or 
not  to  work  iinder  the  tenns  imposed  by  the  minority  of 
exploiting  or  ignorant  employers.  The  plaintiff  would 
avert  what  Huxley  called  the  tragedy  of  a  fact  killing 
a  theory,  by  putting  Constitutional  sanction  behind  a 
cherished  dogma. 

For  plaintiff's  position  %s  nothing  more  than  insist- 
ence upon  a  discredited  doctrine.  In  effect,  he  asserts 
not  merely  hiy  individual  belief  in  the  doctrine  of  philo- 
sophic anarchy,  L  e.,  that  action  cannct  he  compelled  by 
legislation,  but  he  is  asking  this  court  to  say  that  such  a 
doctrine  of  philosophic  anarchy  is  incorporated  in  the 
Fifth  and  Fourteenth  Amendments. 


xlv 

Surely  it  is  much  too  late  to  yield  to  such  a  doctrine. 
From  the  very  beginning  of  the  subjection  of  anarchy  to 
law,  step  by  step,  legislation  has  restricted  the  field  -of 
unregulated  competition  by  prohibitions  enforced 
tlirough  a  great  variety  of  remedies.  It  has  not  left  right 
standards  to  prevail  solely  through  their  inherent  rea- 
sonableness or  through  enlightened  self-interest. 

The  Chief  Justice  broadly  stated  the  course  of  this 
evolution  in  Standard  Oil  Co,  v.  United  States,  221 
U.  S.,  1. 

*^It  will  be  found  that  as  modem  conditions  arose 
the  trend  of  legislation  and  judicial  decision  came 
more  and  more  to  adapt  the  reco.gnized  restrictions 
to  new  manifestations  of  conduct  or  of  dealing  which 
it  was  thought  justified  the  inference  of  intent  to  do 
the  wrongs  which  it  had  been  the  purpose  to  prevent 
from  the  beginning.'*  (p.  57.) 

^^It  is  equally  true  to  say  that  the  survey  of  the 
legislation  in  this  country  on  this  subject  from  the 
beginning  will  show,  depending  as  it  did  upon  the 
economic  conceptions  which  obtained  at  the  time 
when  the  legislation  was  adopted  or  judicial  decision 
was  rendered,  that  contracts  or  acts  were  at  one  time 
deemed  to  be  of  such  a  character  as  to  justify  the 
inference  of  wrongful  intent  which  were  at  another 
period  thought  not  to  be  of  that  character.  But  this 
again,  as  we  have  seen,  simply  followed  the  line  of 
development  of  the  law  of  England."  (p.  58.) 

Throughout  this  whole  course  the  State  has  been  put- 
ting its  power  more  and  more  on  the  side  of  what  the 
prevailing  opinion  of  the  time  conceives  to  be  right  deal- 
ing. In  the  very  fact  of  the  prevalence  of  opinion  is 
found  its  reasonableness. 

The  assertion  by  the  State  of  this  power  is  the  history 


xlvi 

of  legislation  since  the  time  of  Edward  I.  It  is  impossi- 
ble for  the  State  to  remain  neutral  in  a  contest  between 
men  who  desire  to  deal  fairly  and  those  who  desire  to 
deal  unfairly;  the  State  must  choose  between  encourag- 
ing unfair  conduct  by  keeping  hands  off  or  discouraging 
it  by  insisting  upon  fair  play. 

There  is  a  substantial  mass  of  legislative  recognition 
both  of  the  illegality  of  unfair  competition  in  general  and 
of  selling  below  cost,  in  particular,  e.  g.,  The  Federal 
Trade  Commission  Act;  The  Clayton  Act  (Sees.  2  and 
3) ;  The  Interstate  Commerce  Act  (Sec.  29) ;  State  stat- 
utes prohibiting  price  cutting  and  selling  below  cost  or 
fair  market  value  collected  in  the  report  issued  by 
the  Bureau  of  Corporations  in  March,  1915,  entitled 
'* Trust  Laws  and  Unfair  Competition,"  showing  that 
the  following  States  have  adopted  such  laws:  Idaho, 
Nebraska,  South  Carolina,  Alabama,  Mississippi,  Ten- 
nessee, Texas,  Arkansas,  North  Carolina;  and  general 
laws  covering  Oklahoma  and  Wisconsin,  (pp.  192  et  seq.) 
The  same  report  shows  that  this  legislation  accords  with 
the  opinion  of  economists  (pp.  306  et  seq.)  and  foreign 
legislation  (pp.  528  et  seq.). 

That  such  legislation  is  constitutionally  founded,  was 

held  in  ^Central  Lumber  Company  v.  South  Dakota,  226 

U.S.,  157: 

**It  might  have  been  argued  to  the  legislature 
with  more  force  than  it  can  be  to  us  that  recoupment 
in  one  place  of  losses  in  another  is  merely  an  instance 
of  financial  ability  to  compete.  If  the  legislature 
thought  that  that  particular  manifestation  of  ability 
usually  came  from  great  corporations,  whose  power 


xlvii 

it  deemed  excessive  and  for  the  reason  did  more 
harm  than  good  in  their  State,  and  that  there  was 
no  other  case  of  frequent  occurrence  where  the  same 
could  be  said,  we  cannot  review  their  economies  or 
their  facts.''  (p.  161.) 

Sixth.— It  is  not  arbitrary,  wanton  or  spoliative  for  Con- 
gress to  require  the  consent  of  the  Board  before  allowing  an 
employee  to  sell  labor  below  cost,  because  that  is  a  reasonable 
means  for  preventing  unfair  competition  between  employees. 

Similar  considerations  apply  to  competition  between 
employees,  because  an  employee  who  sells  her  labor  for 
less  than  its  cost,  availing  herself  of  outside  subsidies,  is- 
unfairly  competing  against  other  seekers  for  similar  em- 
ployment. Congress  might  even  have  prohibited  such 
contracts  altogether  even  in  cases  where  the  product  was 
not  really  worth  the  cost,  because  of  the  effect  that  such 
bargains  have  in  dragging  down  the  general  standard^ 
and  encouraging  wider  and  unnecessary  dependence  upon 
the  subsidies. 

Congress,  however,  did  not  go  to  that  extreme.  It 
only  required  that  contracts  which  endangered  general 
standards  in  this  manner  must  first  be  approved  by  the 
Board.  The  underlying  principle  is  the  same  as  that 
which  eliminates  prison  labor  from  competition  against 
free  labor,  and  prevents  the  output  of  State  and  charita- 
ble institutions  to  compete  without  control  against  self- 
supporting  business. 

The  essential  purpose  of  the  Act  is  to  compel  employ- 
ers to  pay  the  living  cost  to  all  their  employees  whose 
product  is  worth  it,  and  thereby  correspondingly  protect 
the  efficient  against  a  ruinous  competition. 


xlviii 

Seventh. — It  is  net  arbitrary,  wanton  or  spoliative  for 
Congress  to  require  the  consent  of  the  Board  before  allowing 
a  wage  contract  at  below  cost,  because  of  the  actual  inherent 
inequality  of  bargaining  power  between  the  parties. 

The  analysis  of  the  present  industrial  structure  has 
thus  been  authoritatively  set  forth  in  the  report  of  the 
Secretary  of  Labor  for  1916: 

**The  experience  of  the  department  in  mediation 
service  during  the  three  years  of  its  existence  is  so 
far  confirmatory  of  the  suggestions  with  reference 
to  collective  bargaining  that  were  made  in  my  first 
annual  report  and  reiterated  in  the  second  as  to 
call  for  their  requotation  here. 

*^  Premising  in  those  reports  that  the  Department 
of  Labor,  as  an  executive  department  devoted  to  the 
just  interests  of  wage  earners,  had  been  established 
as  one  of  the  results  of  general  industrial  progress, 
I  continued:  'Owing  to  well-known  developments 
in  production,  the  relation  of  employer  and  wage 
earner  is  no  longer  personal  or  individual.  Theirs 
is  now  usually  a  relationship  between  groups  of  em- 
ployers (5n  one  side  (such  as  corporation  stockhold- 
ers) and  groups  of  their  respective  workmen  on  the 
other.  Employers  act  collectively  through  their  own 
chosen  agents — corporation  managers,  factory  or 
mine  superintendents  or  foremen,  labor  brokers,  or 
the  like — who  in  hiring  laborers  represent  collective 
financial  interests.  It  is  obvious  that  this  method 
of  employment,  generally  necessary  for  success  in 
modem  industiy,  may  give  to  employers  great  con- 
tractual advantages  over  wage  earners.  Unless  wage 
earners  also  act  collectively  through  their  own 
agents  in  hiring,  wage  earners  are  often  averse  to 
dealing  with  the  agents  of  wage  earners  who  collec- 
tively offer  their  services.  They  desire  to  contract 
with  wage  earners  individually.* 

**  Those  observations  have  now  been  tested  and 


xlix 

found  true  by  the  efficient  body  of  commissioners  of 
conciliation  who  have  represented  the  department 
in  its  mediation  service.  

'^  Large  employers  are  usually  incorporated  com- 
panies, with  many  stockholders  of  diversified  indus- 
trial connections  and  with  boards  of  directors  having 
intercorporate  affiliations.  Often  they  are  fortified 
with  public  franchises  or  other  special  privileges, 
and  their  superintendents  and  foremen — with  whom 
alone  wage  earners  have  personal  relations — are 
naturally  sensitive  to  the  industrial  powers  back 
of  them.  An  individual  wage  worker  is  weak  indeed 
as  a  bargainer  with  such  employers.  He  must  take 
what  they  offer  or  go  without  employment;  and  go- 
ing long  without  employment  means  to  the  wage- 
worker  what  hopeless  bankruptcy  means  to  the  busi- 
ness man,  except  that  it  is  immeasurably  worse. 

*^We  have  but  to  visualize  familiar  facts  in  order 
to  see  what  individual  bargaining  by  wageworkers 
for  employment  really  is;  we  may  thus  see  it  as 
wageworkers  not  only  see  it,  but  as  they  so  often 
harshly  feel  it.  Consider  the  picture.  A  solitary 
wageworker  faces  a  foreman  whom  he  asks  for  work 
to  do.  Back  of  him  a  shadowy  mass  of  individual 
bargainers  eager  for  the  job.  Fronting  him  the 
foreman  upon  whose  word  his  livelihood  depends. 
Over  the  foreman  a  superintendent  whom  the  fore- 
man must  satisfy.  Eising  above  both,  rank  upon 
rank,  managers,  directors,  stockholders,  all  to  be 
satisfied  by  superintendents  and  foreman,  and  each 
rank  subservient  to  the  rank  above  it.  The  inter- 
ests of  all  but  the  solitary  bargainer  for  a  job  are 
knitted  together  into  collective  self-interest  which 
instinctively  dictates  for  wages  the  least  that  the 
labor  market  will  allow — a  market  trnse  with  com- 
petition for  work  but  slack  in  competition  for  work- 
ers. Even  this  is  not  all.  For  that  collective 
int'^rest  is  permeated  with  similar  ones  through  in- 
terlocked directorates  and  interlaced  stockholding, 
vitalized  it  may  be  with  gentlemen's  agreements  and 


1 

by  business  coercion  or  fear  of  it.  At  tlie  outer  edge 
of  all  a  lone  wageworker  bargains  for  work;  bar- 
gains in  a  glutted  labor  market;  bargains  individ- 
ually ! 

"Before  those  gigantic  collectivities  of  employ- 
ing interests  a  wageworker  bargaining  individually 
for  work  is  as  impotent  and  negligible  as  a  medieval 
peasant  kneeling  before  the  council  of  a  king.  Only 
if  employment  opportunities  were  unlimited  could 
wage  earners  bargain  individually  with  employment 
interests  so  unified.  But,  in  reality,  employment  op- 
portunities  are  limited — very  narrowly,  limited.  The 
fact  may  be  abnormal,  but  fact  it  is,  that  although 
the  need  for  labor  products  is  constantly  in  excess 
of  their  supply,  yet  opportunities  for  producing 
them  are  somehow  so  few  that  work  is  seldom  plen- 
tiful. Never,  one  may  fairly  say,  is  opportunity 
for  work  so  far  in  excess  of  persons  needing  work 
as  to  give  them  more  than  a  very  slight  and  very 
temporary  advantage  in  bargaining,  or  even  to  place 
them  for  long  on  an  even  footing.  While  this  unbal- 
anced condition  lasts  the  interests  of  wholesome 
social  life  demand  that  wage  earners  be  freely  con- 
ceded the  right,  in  bargaining  for  employment,  to 
do  so  collectively.''  (pp.  47-49.) 

This  analysis  has  the  support  practically  of  every 
competent  student  of  economics  and  industry.  It  is  applic- 
able to  women  workers  with  intensified  force.  It  is  idle 
to  cite  authorities.  Quotation  could  be  piled  on  quotation. 
It  is  all  based  on  the  application  of  the  conviction  that 
/  liberty  of  action  implies  choice,  and,  therefore,  substan- 
tial freedom  of  contract  presupposes  equality  of  bargain- 
ing power.  It  is  recognized  in  the  great  existing  organ- 
izations of  employers  and  employees,  in  the  whole  move- 
ment of  collective  bargaining,  and  in  various  aspects  and 
to  various  degrees  it  is  the  starting  point  of  the  great 


li 

volume  of  modern  legislation  all  the  way  from  the  usury 
statutes  to  Brazee  v.  Michigan,  241  U.  S.,  340,  upholding 
a  statute  designed  to  prevent  employment  agencies  Trdin 
exploiting  unemployed  (see  e.  g..  Labor  Legislation  of 
1915,  Bulletin  of  the  United  States  Bureau  of  Labor 
Statistics,  No.  186). 

This  was  one  of  the  principal  grounds  of  the  State 
Courts  in  sustaining  this  legislation. 

*'The  legislature  has  evidently  concluded  that 
these  conditions  [excessive  hours  and  excessively 
low  wages  and  the  necessity  of  protecting  some 
classes  in  some  employments  ^from  the  same  condi- 
tions for  which  royal  proclamation  was  found  neces- 
sary' in  older  times]  prevail  even  in  Oregon;  that 
there  are  many  women  employed  at  inadequate 
wages ;  the  employment  not  secured  hy  the  agreement 
of  the  worker  at  satisfactory  compensation,  hut  at 
wages  dictated  hy  the  employer.  The  worker  in  such 
a  case  has  no  voice  in  fixing  the  hours  or  wages,  hut 
must  accept  it  or  fare  worse/'  (Stettler  v.  O'Hara, 
67  Or.,  519,  537,  italics  ours.) 

*' There  is  a  notion,  quite  general,  that  women  in 
the  trades  are  underpaid,  that  they  are  not  paid  so 
well  as  men  are  paid  for  the  same  service,  and  that 
in  fact  in  many  cases  the  pay  they  receive  for  work- 
ing during  all  the  working  hours  of  the  day  is  not 
enough  to  meet  the  cost  of  reasonable  living.  Public 
investigations  by  publicly  appointed  commissions 
have  resulted  in  findings  to  the  above  effect.  Start- 
ing with  such  facts,  there  is  opinion,  more  or  less 
widespread,  that  these  conditions  are  dangerous  to 
the  morals  of  the  workers  and  to  the  health  of  the 
workers  and  of  future  generations  as  well. 

It  is  a  strife  for  employer  and  employee  to  secure 
proper  economic  adjustment  of  their  relations  so 
that  each  shall  receive  a  just  share  of  the  profits  of 


\A 


lii 

their  joint  effort.  In  this  economic  strife,  women 
as  a  class,  are  not  on  an  equality  with  men.  Investi- 
gating bodies,  both  of  men  and  of  women,  taking  all 
these  facts  into  account,  have  urged  legislation  de- 
signed to  assure  to  women  an  adequate  working 
wage.  The  legislatures  of  11  states  have  passed 
laws  having  the  same  purpose  as  the  one  here  as- 
sailed. 

It  is  not  a  question  of  what  we  may  ourselves 
think  of  the  policy  or  the  justification  of  such  legis- 
lation. The  question  is,  is  there  any  reasonable  basis 
for  legislative  belief  that  the  conditions  mentioned 
exist,  that  legislation  is  necessary  to  remedy  them, 
and  that  laws  looking  to  that  end  promote  the  health, 
peace,  morals,  education  or  good  order  of  the  people 
and  are  ^greatly  and  immediately  necessary  to  the 
public  welfare?^  If  there  is  reasonable  basis  for 
such  legislative  belief,  then  the  determination  of  the 
propriety  of  such  legislation  is  a  legislative  problem 
to  be  solved  by  the  exercise  of  legislative  judgment 
and  discretion.  Holden  v.  Hardy,  169  U.  S.,  366,  398, 
18  Sup.  Ct.,  383,  42  L.  ed.,  780. ' '  ( Williams  v.  Evams, 
139  Minn.,  32,  40-1,  italics  ours.) 

The  line  of  cases  upholding  State  statutes  which  limit 
freedom  of  contract  with  women  in  various  ways,  rest, 
in  part,  upon  realization  of  the  fact  that  the  mass  of 
women  employees  cannot  be  expected  to  bargain  on  an 
equality  with  employers  {Midler  v.  Oregon,  208  U.  S., 
412;  Riley  v.  Massachusetts,  232  U.  S.,  671;  Uawley  v. 
Walker,  232  U.  S.,  718;  Miller  v.  Wilson,  236  U.  S.,  373, 
380-1;  Bosley  v.  McLaughlin,  236  U.  S.,  385). 

The  largest  opportunity  for  the  fullest  development 
of  human  faculties  has  undoubtedly  been  one  of  the  basic 
considerations  of  Anglo-American  institutions.  To  the 
extent  that  such  development  touches  fundamentals,  this 


1111 

political  principle  is  incorporated  in  the  protection  of  due 
process  (see  Butler  v.  Perry,  240  U.  S.,  328,  333).  But 
just  because  the  largest  opportunities  for  development 
of  men 's  faculties  imply  choice  and  freedom,  the  common 
law  in  both  phases  of  its  legal  functions,  namely,  through^ 
adjudication  and  legislation,  has  thrown  its  weight  in 
favor  of  the  necessitous.  The  principle  has  been 
briefly  and  comprehensively  expressed  by  Lord  Chancel- 
lor Nothington  when  he  said  that  *^  necessitous  men  are 
not,  truly  speaking,  free  men/'  (Vernon  v.  Bethell,  2 
Eden,  110,  113). 

The  ''liberty  of  contract"  which  the  present  legisla- 
tion would  destroy  is  only  the  ''liberty"  of  an  employer 
to  abuse  and  the  "liberty"  of  an  employee  to  be  abused. 
True  freedom  of  contract  is  established,  rather  than  im- 
paired, by  such  restrictions.  Their  very  purpose  is  to 
assure  the  parties  an  equal  basis  for  bargaining,  so  that 
they  may  be  free  to  bargain  on  the  merits,  and  not  under 
the  compulsion  of  a  crippling  necessity.  With  no  margin 
or  the  margin  of  but  a  single  meal  between  starvation 
there  can  be  no  true  "liberty"  of  contract. 

Eighth. — It  is  not  arbitrary,  wanton  or  spoliative  for 
Congress  to  require  the  consent  of  the  Board  before  allowing 
wage  contracts  at  below  cost,  because  that  is  a  reasonable 
exercise  of  the  "police  power"  to  minimize  danger  of  unfair 
and  oppressive  contracts. 

We  have  seen  above  that  the  only  satisfactory  ex- 
planation of  the  employer's  interest  is  on  the  hypothesis 
that  he  wishes  to  get  labor  at  less  than  the  cost  of  the 


Uv 

hmnan  energy  which  produces  the  product.  It  also  ap- 
pears that  58  per  cent  of  women  workers  examined  out 
of  2209,  are  receiving  less  than  their  cost  even  though 
they  are  experienced  adult  workers. 

Is  not  the  likelihood  of  unfair  contracts  thus  shown 
(and  inherent  in  the  very  proposition  that  such  human 
labor  cannot  produce  its  cost)  sufficient  to  justify  Con- 
gress in  requiring  prior  consent  of  the  Board  before  they 
may  be  made  ? 

There  are  many  cases,  of  course,  in  which  the  legisla- 
tive power  to  prevent  unfair  or  oppressive  contracts  is 
upheld. 

For  example:  it  is  constitutional  to  protect  people 
from  exploitation  by  lotteries  {Lottery  Cases,  188  U.  S., 
321),  bulk  sales  (Lemieux  v.  Young,  211  U.  S.,  489),  mar- 
ginal dealing  in  stocks  (Otis  v.  Parker,  187  U.  S.,  606), 
trading  stamps  (Rast  v.  Van  Deman,  240  U.  S.,  342),  imi- 
tation of  butter  (Hammond  Co.  v.  Montana,  233  U.  S., 
331),  small  "bread  loaves  (Schmidinger  v.  Chicago,  226 
U.  S.,  579),  sales  of  lard  in  bulk  (Armour  v.  N,  Dale,  240 
U.  S.,  510). 

All  of  these  are  instances  in  which  unrestricted  *' de- 
mand and  supply''  has  been  validly  limited  by  legislation 
in  the  interest  of  fair  and  ethical  dealing. 

Ninth. — It  is  not  arbitrary,  wanton  or  spoliative  for  the 
state  to  require  the  consent  of  the  Board  before  allowing  wage 
contracts  at  below  cost,  because  that  is  a  reasonable  exercise 
of  power  to  foster  the  productivity  of  industry. 

The  very  preservation  of  the  State  and  its  citizens 


Iv 

depends  upon  tlie  efficiency  of  its  industries  to  carry  the 
cost  of  living.  That  is  the  primary  function  of  industry. 
No  industry  which  fails  to  supply  even  the  bare  minimum 
living  requirements  of  its  own  workers  can  possibly  be 
sound.  Such  an  industry  instead  of  aiding  in  the  work 
of  supporting  life  can  be  only  a  burden  upon  it  by  pre- 
cisely the  amount  of  subsidy  which  it  drains  from  other 
industries. 

The  fundamental  policy  represented  by  this  Act  is 
the  prevention  of  taxation  upon  sound  industries  for  the 
artificial  support  of  unsound  ones,  and  the  correlative 
direction  of  the  energies  of  the  State  into  lines  which  can 
be  truly  productive.  The  aim  it  encourages  is  to  make 
industries  self-supporting. 

The  Great  War,  and  the  consequent  legislation  in  all 
the  Allied  countries,  as  well  as  of  our  own,  emphasize,  but 
were  not  required  to  reveal,  that  the  strength  and  the 
safety  of  the  Nation  rests  on  man-power.  For  this 
the  development  and  the  directed  organization  of  the 
working  forces  of  the  community  are  indispensable. 
From  this  aspect  this  Act  is  merely  a  necessary  effort  in 
requiring  industry  to  provide,  as  a  very  minimum,  the 
living  necessities  of  the  workers  that  either  are  the 
younger  workers  of  this  generation  or  the  mothers  of  the 
next. 

In  truth  this  is  a  measure  of  conservation  and  preser- 
vation of  the  human  resources  of  the  State,  which  is  of 
even  deeper  and  more  primary  importance  to  human  self-   . 
preservation  than  the  conservation  of  the  natural  re- 
sources.   And  so  its  constitutionality  follows,  a  fortiori, 


Ivi 

from  the  line  of  cases  which  support  statutes  passed  for 
the  preservation  and  effective  utilization  of  the  natural 
resources. 

Hudson  Water  Co.  v.  MoCarter,  209  U.  S.,  349  (sus- 
taining New  Jersey  statute  preventing  diversion  of 
State  waters). 

Mount  Vernon  Cotton  Co.  v.  Alabama  Power  Co.,  240 
U.  S.,  30  (sustaining  Alabama  statute  conferring  the 
power  of  eminent  domain  to  private  users  of  water 
power). 

^ '  To  gather  the  streams  from  waste  and  to  draw 
from  them  energy,  labor  without  brains,  and  so  to 
save  mankind  from  toil  that  it  can  be  spared,  is  to 
supply  what,  next  to  intellect,  is  the  very  founda- 
tion of  all  our  achievements  and  all  our  welfare. 
If  that  purpose  is  not  public  we  should  be  at  a  loss 
to  say  what  is"  (p.  32). 

Pacific  Live  Stock  Co.  v.  Oregon  Water  Boards  241' 
U.  S.,  440  (sustaining  Oregon  statute  regulating  rela- 
tive rights  of  claimants  to  water,  and  imposing  the 
expense.^f  the  administrative  ascertainment  on  the 
parties). 

Walls  V.  Midland  Carbon  Co.,  254  U.  S.  (sustaining 
Wyoming  statute  restricting  wasteful  use  of  natural 
gas.) 

That  industrial  preparedness  lies  at  the  very  root  of 
national  preparedness  has  been  seared,  one  hopes,  into 
the  consciousness  of  the  Nation,  by  the  experience  and 
the  sacrifices  of  the  war.  Industrial  resources  mean,  of 
course,  men  and  money:  the  physical  resources,  which 
are  the  industrial  plants  of  the  country,  and  the  human 


Ivii 

resources  constituting  the  managers  and  the  millions  of 
workers.  To  discharge  the  responsibility  which  each 
State  has  for  the  competence  of  its  quota  of  workers^the 
various  States  have  laid  down  minimum  standards,  which 
Congress  has  followed  in  this  Act. 

Even  if  the  Act  had  gone  beyond  the  mere  protective 
necessity  into  the  realm  of  affirmative  public  welfare,  it 
would  still  have  been  constitutional  within  the  principle 
broadly  laid  down  in  Bacon  v.  Walker,  204  TJ.  S.,  311 : 

**That  power  [the  police  power]  is  not  confined, 
as  we  have  said,  to  the  suppression  of  what  is  offen- 
sive, disorderly  or  unsanitary.  It  extends  to  so  deal- 
ing with  the  conditions  which  exist  in  the  State  as  to 
bring  out  of  them  the  greatest  welfare  of  its  people  *' 
(p.  318). 

Industry  under  modem  conditions  has  come  to  be  one 
of  the  most  important  fields  in  which  the  interrelation 
of  human  beings  requires  supervision  and  control  by  the 
State.  To-day  the  center  of  gravity  of  the  State  is  in- 
dustry, just  as  in  feudal  days  it  was  land.  The  common 
law  met  the  demands  of  the  feudal  period  by  working  out 
the  incidence  of  feudal  tenure  as  a  body  of  reciprocal 
rights  and  duties  between  lord  and  man  flowing  from  the 
relationship  of  tenure.  In  fact,  the  conception  of  rights 
and  liabilities  as  dependent  on  relationship  rather  than 
assumed  by  contracts  {i.  e.,  the  unregulated  desire  of  in- 
dividuals) is  at  the  very  center  of  the  whole  common  law 
system.  All  that  is  necessary  is  to  recognize  these  true 
common  law  principles,  to  recognize  the  common  law 


Iviii 

concept  of  relation,  and  to  make  the  detailed  application 
in  the  change  from  an  agricultural  to  an  industrial  so- 
ciety. This  harmonizes  modern  decisions  and  legislation, 
and  makes  them  consistent  with  a  true  conception  of  our 
inherited  common  law.  (See  Dean  Pound's  ^^The  End  of 
Law  as  Developed  in  Juristic  Thought,''  in  30  Harv.  L. 
Rev.,  201,  212  ff.;  Edward  A.  Adler,  ^^  Business  Juris- 
prudence," 28  Harv.  L.  Rev.,  135;  Capital,  Labor  and 
Business  at  Common  Law,  29  Harv.  L.  Rev.,  241.) 

The  adjustment  of  relations  under  the  feudal  system 
required  a  most  elaborate  regulation  of  real  property 
tenure  and  transfer.  The  law  was  flexible  enough  to 
meet  that  requirement  and  express  it  in  a  great  body  of 
rules  (ease-made  and  statute  made)  which  constitutes 
the  law  of  real  property. 

This  ability  of  the  community  to  modify  the  legal 
rules  which  represented  prior  community  standards  must 
still  remain  for  the  purpose  of  making  similar  changes, 
pari  passu,  with  further  evolution  of  such  standards.  No 
one  could  have  thought  that  such  changes  were  arbitrary, 
wanton  or  spoliative,  that  is,  other  than  due  process  of 
law.  It  is  of  the  very  essence  of  the  common  law  sys- 
tem— including  the  minor  judicial  and  the  major  legisla- 
tive modifications — to  regard  the  law-making  energies  of 
the  State  as  progressive  activities  to  meet  needed 
changes. 

**It  is  more  consonant  to  the  true  philosophy  of 
our  historical  legal  institutions  to  say  that  the  spirit 
of  personal  liberty  and  individual  right  which  they 
embodied  was  preserved  and  developed  by  progres- 


lix 

sive  growth  and  wise  adaptation  to  new  circum- 
stances and  situations  of  the  forms  and  processes 
found  fit  to  give,  from  time  to  time,  new  expression 
and  greater  effect  to  modem  ideas  of  self-govern- 
ment. 

^^This  flexibility  and  capacity  for  growth  and 
adaptation  is  the  peculiar  boast  and  excellence  of 
the  common  law 

''The  Constitution  of  the  United  States  was  or- 
dained it  is  true  by  descendants  of  Englishmen,  who 
inherited  the  traditions  of  English  law  and  history; 
but  it  was  made  for  an  undefined  and  expanding  fu- 
ture, and  for  a  people  gathered  and  to  be  gathered 
from  many  nations  and  of  many  tongues 

' '  There  is  nothing  in  Magna  Charta,  rightly  con- 
strued as  a  broad  charter  of  public  right  and  law, 
which  ought  to  exclude  the  best  ideas  of  all  systems 
and  of  every  age;  and  as  it  was  the  characteristic 
principle  of  the  common  law  to  draw  its  inspiration 
from  every  fountain  of  justice,  we  are  not  to  assume 
that  the  sources  of  its  supply  have  been  exhausted. 
On  the  contrary,  we  should  expect  that  the  new  and 
various  experiences  of  our  own  situation  and  system 
will  mold  and  shape  it  into  new  and  not  less  useful 
form.*'  {Hurtado  v.  California,  110  U.  S.,  516,  530- 
1;  see  also  Holden  v.  Hardy,  169  U.  S.,  366,  385-387.) 

We  are  here  dealing  with  an  exercise  of  the  same 
public  power  as  that  of  the  common  law  regarding  land 
tenure.  With  its  exercise  in  the  past  we  are  familiar ;  its 
unsettled  application  to  the  needs  of  a  changing  present 
gives  an  illusion  of  novelty  to  the  new  exercise  of  an  old 
power.  This  novelty  must  not  be  allowed  to  deceive ;  the 
unfamiliar  must  not  now,  any  more  than  in  the  past,  be 
denied  as  **  unconstitutional. "  New  circumstances  call 
for  new  effort,  and  the  Fifth  and  Fourteenth  Amend- 


ments  have  left  unimpeded  the  power  of  conscientions 
statesmanship  to  grapple  with  new  difficulties. 

Respectfully  submitted, 

Felix  Fkankfurter, 

Of  Counsel  for  the 

Minimum  Wage  Board 

of  the  District  of  Columbia. 

February,  1921. 


PART  FIRST. 

THE     SUCCESSFUL    WOEKING     OF     MINIMUM 
WAGE    LEGISLATION. 

1.    The  Low  End  of  the  Wage  Scale  is  Lifted  to  the 
Level  of  the  Cost  of  Living. 

Minimum  wage  legislation  has  raised  the  wages  of 
the  workers  at  the  bottom  of  the  wage  scale.  The  level 
attained  varies  from  state  to  state  according  to  the  deter- 
mination of  each  wage  board  or  commission  upon  the 
facts  and  after  hearing  as  to  the  necessary  cost  of  living 
sufficient  to  maintain  the  worker  in  health. 

The  evidence  is  presented  by  states  under  the  follow- 
ing headings: 

(1)  Minimum  Wage  Orders. 

(2)  Wage  Investigations  and  Minimum  Decreed. 

(3)  Reinvestigations  for  Compliance  with  Minimum 
Decreed. 

District  of  Columbia. 
(1)     Minimum  Wage  Orders.*     [Summarized.] 

No.  2.  Printing,  Publishing  and  Allied  Industries. 
Effective  August  13,  1919.  Experienced  females,  $15.50. 
Learners :  3  months  at  $8,  3  months  at  $9,  3  months  at 
$11,  3  months  at  $12. 

No.  3.  Mercantile  Industry.  Effective  October  28, 
1919.  Experienced  adults,  $16.50.  Learners:  3  months 
at  $12.50,  4  months  at  $14.50.  Minors  (under  18) :  4 
months  at  $10,  4  months  at  $11.50,  4  months  at  $13,  6 
months  at  $14.50,  thereafter  $16. 

No.  4.  Hotel,  Restaurant  and  Allied  Industries. 
Effective  May  26,  1920.  Any  female,  341/2  cents  per 
hour,  $16.50  per  week,  or  $71.50  per  month.  Deductions 
permitted :  for  bona  fide  meals,  30  cents,  for  lodging  $2 
per  week.  (Tips  are  not  legal  wages.)  (Nurses  in  train- 
ing are  not  included.) 

♦The  Laundry  Conference  recommended,  Dec.  9,  1920,  $15.  Learners,  2  mos. 
at  $9,  2  mos.  at  $11,  2  mos.  at  $13. 


(2)     Wage  Investigations  and  Minimum  Wages 
Decreed. 

Minimum  Wage  Board  of  the  District  of  Columbia.  A 
Study  of  the  Work  and  Wages  of  Women  in  Print- 
ing ^  Publishing  and  Allied  Trades  in  the  District 
of  Coluwibia.    January,  1919. 

There  were  approximately  45  commercial  and  5  non- 
commercial printing,  publishing,  bookbinding,  engraving, 
lithographing,  multigraphing  and  duplicating  firms  in  the 
District  of  Columbia  employing  women  during  the  month 
of  January,  1919.     (Page  1.) 


Wages  of  318  Women  Employed  in  36  Job  Printing  and 
Publishing  Plants  in  the  District  of  Columbia 

Official 

Rate  (Cumulative) 

Earnings  (Cumulative) 

Minimum 

Wage  Based  on 

the  Cost  of 

No. 

Percent. 

No. 

Percent. 

Liying* 

L«B8than  $  6 

0 
24 
96 
195 
218 
282 
36 

0 

7.6 
30.2 
61.3 
68.6 
88.7 
11.3 

42 
89 
150 
219 
247 
281 
37 

13.2 

28 

47.2 

69 

77.7 

88.4 

11.6 

Le68  than  $  9 

Less  than  $11 

Less  than  $13 

$15.50 

I^ess  than  $15 

Aug.  13,  1919 

Less  than  $16 

$16  and  over j". 

Total 

318 

318 

This  disparity  between  rates  and  earnings  was  due 
in  some  cases  to  bad  time-keeping  on  the  part  of  the 
workers,  in  other  cases  to  sickness,  and  in  still  others  to 
irregularity  of  employment.     (Page  2.) 

Ordinarily  the  printing  trade  is  seasonal  in  character, 
but  during  the  past  year  almost  all  plants  were  running 
at  more  than  full  capacity.  There  was  work  for  all  who 
were  willing  to  take  the  wages  offered. 

The  difference  between  rates  and  earnings,  therefore, 
was  largely  due  to  illness  or  bad  time-keeping.  In  either 
case  it  is  worthy  of  study.  In  so  far  as  illness  is  due  to 
lack  of  nourishment  or  proper  cloth  ins:  and  shelter,  an 

♦See  Ordei'  No.  2,  June  13,  1919,  for  additional  rntes  for  learners. 


adequate  living  wage  would  reduce  this  factor  of  irregu- 
larity in  attendance  and  make  for  greater  efficiency.  Bad 
time-keeping  has  often  been  traced  to  inefficiency  in  man- 
agement and  to  low  wages.  The  wage  data  in  possession 
of  the  Board  are  insufficient  to  draw  conclusions  there- 
from as  to  the  correlation  between  low  wages  and  irregu- 
larity of  employment.     (Page  3.) 


Wages  of  Women  and  Minors  in  the  Mercantile  Industry 
in  the  District  of  Columbia.  Monthly  Labor  Re- 
view of  the  Bureau  of  Labor  Statistics,  United 
States  Department  of  Labor.    June,  1919. 

Number  and  Cumulative  Per  Cent  of  4609  Women  Em- 
ployees in  109  Mercantile  Establishments  Eeceiv- 
ing  Each  Classified  Weekly  Bate  or  Under,  by 
Kind  of  Establishment. 


No. 
Inves- 
tigated 

Percent,  of  Women  with  Rates  of— 

Official  Minimum 

Kind  of  Establishment 

$8 

and 
under 

and 
under 

$10 

and 
under 

$11 

and 
under 

$12 

and 
under 

and 
under 

$14 

and 
under 

$15 

and 
under 

$16 

and 
over 

Wage  Based 

on  the  Cost 

of  Living* 

Department  stores 

5, 10  and  15  cent  stores. 

Millinery  stores 

Dry  goods  stores 

Ladies'  specialty  stores . 

3,190 

254 

67 

24 

631 

73 

370 

12.2 
7.9 
7.5 

■  3.5 

17.0 

21.7 

7.5 

'  "s.V 

31.7 
50.4 
14.9 
29.2 
13.8 
1.4 
14.3 

33.9 
58.3 
16.4 
45.8 
15.5 
2.7 
15.4 

58.2 
81.1 
23.9 
62.5 
28.8 
5.5 
27.0 

61.1 
82.7 
23.9 
62.5 
32.2 
5.5 
28.6 

67.8 
85.8 
26.9 
66.7 
36.9 
8.2 
34.6 

79.6 
94.1 
49.3 
87.5 
59.9 
31.5 

20.4 
5.9 
50.7 
12.5 
40.1 
68.5 

$16.50 
Oct.  28,  1919 

Miscellaneous  stores. . . 

4.1 

7.0 

51.6    48.4 

Total 

4,609 

9.8 

14.7 

28.2 

30.6 

51.6 

54.3 

60.4 

74.3    "i^l 

A  comparison  of  the  wage  rates  (compiled  from  Ta- 
bles 2  and  3)  (Pages  193-4)  brings  out  some  interesting 
facts.  In  5,  10,  and  15  cent  stores  81.1  per  cent  of  the 
women  employed  had  a  weekly  rate  of  $12  and  under  and 
only  5.9  per  cent  a  rate  of  $16  or  over.  In  department 
stores  58.2  per  cent  had  rates  of  $12  and  under  and  20.4 
per  cent  rates  of  $16  or  over.  In  contrast  40.1  per  cent 
of  the  women  employed  by  the  ladies'  specialty  stores 

*See  Order  No,  3,  August  29,  1919,  and  Supplement  to  Order  No.  3,  October 
14,  1919.  for  additional  rates  set  for  apprentices  and  minors. 


were  receiving  $16  or  over  per  week  and  63.1  per  cent 
were  receiving  $15  or  over.  In  the  millinery  establish- 
ments one-half  of  the  woman  employees  received  $16  and 
over  per  week  and  almost  75  per  cent  $15  and  over.  The 
seasonal  character  of  the  millinery  trade  must,  however, 
be  considered  in  connection  with  these  wage  figures.  No 
woman  employed  in  fruit  and  grocery  stores  received  less 
than  $10  per  week  and  68.5  per  cent  received  $16  and 
over.  In  miscellaneous  establishments  almost  50  per  cent 
of  the  women  had  rates  of  $16  or  over.  These  rates  in 
fruit  and  grocery  and  miscellaneous  stores  were  due  in 
large  measure  to  the  preponderance  of  office  employees, 
a  more  highly  paid  group  of  workers.     (Page  194.) 

Number  and  Cumulative  Per  Cent  of  Woman  Employees 
in  109  Mercantile  Establishments  Receiving  Each 
Classified  Weekly  Rate  or  Under,  by  Occupation. 


No. 
Inves- 
tigated 

Percent,  of  Women  with  Rates  of 

Ofiicial  Minimum 

Occupation 

$8 

and 
under 

$9 

and 
under 

$10 

and 
under 

and 
under 

$12 

and 
under 

and 
under 

$14 

and 
under 

$15 

and 
under 

$16 

and 
over 

Wages  Based  on 

the  Cost  of 

Living* 

Saleswomen 

Office  employees 

Alteration  workroom 
employees 

Millinery  workroom 
employees 

Miscellaneous  employ- 
ees— white 

Miscellaneous  employ- 
ees—colored   

2,471 
■     810 

346 

85 

481 

416 

2,3 
1.5 

9.4 
31.2 
53.8 

6.6 
2.2 

1.4 

10.6 

38.3 

71.6 

22.9 
9.4 

8.1 

15.3 

57.0 

82.2 

25.3 
10.6 

9.0 

18.8 

61.1 

85.8 

52.2 
26.8 

29.8 

29.4 

72.6 

95.0 

54.6 
30.7 

33.5 

30.6 

74.0 

97.6 

61.0 
38.6 

42.5 

31.8 

78.4 
99.0 

74.6 
54.3 

73.1 

58.8 

87.5 

99.8 

25.4 
45.7 

26.9 

41.2 

12.5 

.2 

$16.50 
Oct.  28,  1919 

Total 

4,609 

9.8 

14.7 

28.2 

30.6 

51.6 

54.3 

60.4 

74.3 

25.7 

(Compiled)  (Pages  195-196) 

From  the  data  it  is  evident  that  approximately  50  per 
cent  of  all  saleswomen,  as  contrasted  with  26.8  per  cent  of 
the  office  employees,  received  $12  or  under  per  week.  In 
the  group  $16  and  over  the  percentages  were  25.4  per 
cent  for  saleswomen  and  45.7  per  cent  for  office  em- 
ployees.   The  weekly  rates  for  millinery  workroom  em- 


►See  footnote,   p.  3. 


ployees  fell  a  little  below  those  for  office  employees,  29.4 
per  cent  receiving  $12  and  under  and  41.2  per  cent~$H) 
and  over.  The  comparatively  large  proportion  of  em- 
ployees in  millinery  workrooms  receiving  $8  or  under  per 
week  may  be  explained  by  the  low  rates  paid  to  appren- 
tices or  learners.  None  of  the  alteration  workroom  em- 
ployees had  rates  of  less  than  $9  per  week;  one-fourth 
received  $16  or  over;  and  a  majority  of  the  remainder  re- 
ceived either  $12  or  $15  per  week.  Rates  received  by  mis- 
cellaneous employees  fell  considerably  below  the  rates 
received  in  the  specified  occupations,  57  per  cent  of  the 
whites  and  82.2  per  cent  of  the  colored  receiving  $10  or 
under  per  week.    (Page  195.) 

This  survey  of  the  wages  paid  in  the  mercantile  in- 
dustry may  be  summarized  as  follows :  One-half  of  all 
women  employed  in  this  industry  were  receiving  $12  or 
less  per  week.  This  large  proportion  of  low-paid  workers 
was  not  made  up  of  unskilled  employees  alone,  for  54  per 
cent  of  them  were  saleswomen.  It  is  obvious  that  a  wage 
of  $12  is  far  below  that  required  by  a  self-supporting 
woman  to  meet  the  necessary  cost  of  living  and  to  main- 
tain herself  in  health  tand  comfort.*     (Page  205.) 

District  of  Columbia  Minirmmv  Wage  Board.  Bulletin 
No.  3.  Wages  of  Women  in  Hotels  and  Restau-^ 
rants  in  the  District  of  Columbia.  October  10, 1919. 

Before  proceeding  to  an  analysis  of  the  wage  situation 
three^  important  characteristics  of  the  hotel  and  restau- 
rant industry  should  be  noted :  the  excessive  labor  turn- 
over ;  the  practice  of  tipping ;  and  the  prevalence  of  forms 
of  compensation  other  than  money  wages.    (Page  4.) 

It  was  found  that  the  only  group  who  received  an  ap- 
preciable amount  in  tips — the  waitresses  in  restaurants — 
received  much  higher  wages  than  did  the  groups  who 
were  not  in  a  position  to  augment  their  earnings  by  this 
method.  In  general,  it  may  be  said  that  the  fow  wages 
of  women  prevailing  in  hotels  and  restaurants  in  the 
District  are  not  offset  by  tips.     (Page  5.) 

♦See  p.  409,  et  seq. 


In  order  to  ascertain  the  wages  actually  received  by 
these  women,  some  estimate  must  be  made  of  the  value 
of  this  additional  compensation.  The  minimum  cost  of 
room  and  board  for  a  self-supporting  woman  in  the  Dis- 
trict of  Columbia  was  estimated  by  the  Conference  on 
the  Printing  and  Publishing  Industries  as  $9  per  week, 
by  the  Mercantile  Conference  as  $9.30  per  week.* 

Computing  the  cost  of  board  as  two-thirds  of  the  total 
for  room  and  board,  $6  is  arrived  at  as  the  approximate 
minimum  expenditure  for  this  item.    (Page  6.) 

We  have  attempted  to  show  in  the  foregoing  analysis 
that  the  value  to  the  employee  of  the  room  or  board  or 
both  tendered  by  the  employer  in  lieu  of  wages  is  not  so 
great  as  that  placed  upon  these  necessities  by  the  confer- 
ences, namely  $9  and  $9.30  a  week.  We  have  also  shown 
that  the  cost  of  these  items  to  the  employer  measured 
by  the  charge  made  employees  for  the  same  was  consider- 
ably less  than  $9  a  week.  The  question  arises  which  is  to 
determine  the  allowance  made  for  these  accommodations, 
the  value  to  the  employee  or  the  cost  to  the  employer. 
(Pages  7-8.) 

Therefore,  although  in  this  case  the  facts  show  these 
figures  to  be  too  high,  to  avoid  all  question  of  having 
minimized  the  cost  to  the  employer  or  the  value  to  the 
employee  of  the  extra  compensation  received  by  the 
women  concerned  we  have  allowed  the  full  weekly 
amounts  of  $9  for  room  and  board  and  $6  for  three  meals 
per  working  day  and  a  proportionate  amount  where  less 
than  three  meals  per  day  were  received.  Thus  in  this 
report  a  weekly  wage  of  $7  in  addition  to  room  and  board, 
of  $10  in  addition  to  three  meals  per  working  day,  of 
$12  in  addition  to  two  meals  per  working  day,  of  $14  in 
addition  to  one  meal  per  working  day  is  considered 
equivalent  to  a  $16  straight  money  wage.     (Page  8.) 

*See  pp.  417,  418. 


Table  III.  Number  and  per  cent  of  women  employees 
in  hotels  and  restaurants  receiving  each  classilied 
weekly  rate,  by  compensation  received  per  work- 
ing day  in  addition  to  wages. 


Number. 


Women  Employees  with  Rates  of 

Official 

Compnsation 

in  Addition 

to  Wages 

Un- 
der 
17 

and 

under 

$8 

$8 

and 

under 

$9 

$9 

and 

under 

$10 

$10 

and 

under 

$11 

and 

under 

$12 

$12 

and 

under 

$13 

and 

under 

$14 

and 

under 

$15 

and 

under 

$16 

and 
Over 

To- 
tal 

Minimum 
Wage  Based 
on  the  Cosl 

of  Living* 

Room  and  three 
meals 

86 
213 
42 
26 
20 

4 

11 

10 

5 
219 

3 
60 

1 

238 

23 

7 

44 
5 

70 
5 
1 

49 
2 

1 

10 

68 

9 

7 

56 

138 

1439 

196 

56 

380 

Three  meals 

55 

26 

5 

8 

195 
44 
11 

59 

228 

14 

2 

172 

Two  meals 

10 

1 
25 

16 
2 
11 

One  meals 



Nothing 

4 

17 

8 

Total 

387 

98 

320 

426 

260 

92 

266 

73 

76 

61 

150 

2209 

Percent.  (Cumulative) 

$16.50 
May  26, 1929 

Room  and  three 
meals 

62.3 
14.8 
21.4 
46.4 
5.3 

65.2 

73.2 

80.5 

84.1 
"63.2 

86.3 
67.4 

87.0 
83.9 
89.2 

92.1 
87.0 
91.8 

92.1 
91.9 
94.4 
85.7 

92.8 
95.3 
95.4 
87.5 

7.2 
4.7 
4.6 
12.5 
14.7 

100 
100 
100 
100 
100 

Three  meals 

18.6 

34.7 

55.3 

7.4 

32.2 
57.1 
74.9 
22.9 

48.0 
64.2 
78.5 
68.1 

Two  meals 

69.3 
80.3 
74.7 

77.5 
83.9 
77.6 

One  meal 

83.9 

78.7 

83.9 
83.2 

Nothing 

83.2 

85.3 

Total 

17.5 

21.9 

36.4 

55.7 

67.5 

71.7 

83.7 

87.0 

90.4 

93.2 

6.8 

100 

(Computed)     (Page  9) 


Using  the  estimates  of  the  value  of  room  and  board 
which  we  have  accepted  as  a  working  basis,  we  find  from 
these  figures  that  1300,  or  58  per  cent,  of  the  2209  women 
for  whom  wage  data  were  obtained  were  receiving  less 
than  $16  or  its  equivalent  per  week.  A  general  average 
in  this  instance  tends  to  conceal  the  real  wage  situation. 
A  classification  according  to  type  of  establishment  gives 
a  much  clearer  picture  of  the  facts.  Of  the  women 
employed  in  the  industry,  72.2  per  cent  in  hotels,  42.6 
per  cent  in  restaurants,  82.3  per  cent  in  hospitals  and 
100  per  cent  [fourteen  employees]  in  apartment  houses 
were  receiving  less  than  $16  a  week  or  its  equivalent. 

♦See  Order   No.  4,   March  26,   1920,  for   value  of   other   compensation   than 
wages. 


8 

In  the  general  average  the  higher  rates  prevailing  in 
restaurants  offset  the  lower  rates  in  hotels  and  hospi- 
tals. The  apartment  house  employees  included  in  this 
study  were  too  few  in  number  to  affect  the  general 
figures. 

A  further  analysis  of  Tahle  III  reveals  striking  dif- 
ferences between  the  wages  of  those  receiving  a  straight 
money  wage  and  of  those  receiving  a  money  wage  sup- 
plemented by  other  forms  of  compensation.  Consider- 
ing the  2209  women  as  a  whole,  we  find  that  those  who 
received  only  a  money  wage  were  the  poorest  paid,  85.3 
per  cent  of  them  receiving  less  than  $16  per  week.  On 
the  other  hand,  the  best  paid  women  were  those  in  the 
three-meal  group,  only  48  per  cent  of  them  receiving 
less  than  the  $10  which,  when  board  is  provided,  we 
have  considered  as  equivalent  to  $16  per  week.  The 
women  receiving  both  room  and  board  were  about  half- 
way between  these  two  groups,  62.3  per  cent  being  paid 
less  than  $7  per  week,  the  figure  estimated  as  the  equiva- 
lent of  a  $16  money  wage.  This  difference  between  the 
real  wages  of  the  group  receiving  only  a  money  wage 
and  of  the  group  receiving  additional  compensation  in 
the  form  of  xneals  cannot  be  accounted  for  on  an  occupa- 
tional basis,  for  it  applies  within  each  occupation  as  well 
as  to  the  whole  industry.  The  explanation  seems  to  be 
that  allowances  made  for  additional  compensation  in 
this  study  were  greater  than  those  made  by  employers 
in  their  own  calculations.     (Pages  9-10.) 

Using  as  a  base  the  assumption  that  a  wage  of  less 
than  $7  a  week  in  addition  to  room  and  board,  of  less 
than  $10  a  week  in  addition  to  three  meals  a  day,  and 
of  less  than  $16  a  week  with  no  other  compensation  is 
insufficient  to  secure  the  necessities  of  life  to  a  self-sup- 
porting woman  in  the  District  of  Columbia,  an  analysis 
by  occupation  shows  that  approximately  5  per  cent  of 
the  housekeepers,  40  per  cent  of  the  linen  room  girls,  90 
per  cent  of  the  maids,  91  per  cent  of  the  cleaners,  96  per 
cent  of  the  dishwashers  and  general  pantry  girls,  94 
per  cent  of  the  kitchen  girls,  31  per  cent  of  the  pantry 
servers,  72  per  cent  of  the  waitresses,  3  per  cent  of  the 


office  employees,  35  per  cent  of  the  telephone  operators, 
96  per  cent  of  the  elevator  operators,  and  59  per-f^ent 
of  the  miscellaneous  employees  were  receiving  less  than 
a  living  wage.    (Pages  16-17.) 

An  analysis  by  occupation  shows  that  in  the  restau- 
rant business  approximately  21  per  cent  of  the  wait- 
resses, 46  per  cent  of  the  counter  girls,  78  per  cent  of 
the  bus  girls,  14  per  cent  of  the  cashiers  and  checkers, 
56  per  cent  of  the  pantry  girls,  75  per  cent  of  the  dish- 
washers, 11  per  cent  of  the  cooks,  76  per  cent  of  the  kit- 
chen girls,  and  46  per  cent  of  the  miscellaneous  em- 
ployees were  receiving  less  than  a  living  wage. 

As  was  stated  at  the  beginning  of  this  report,  hos- 
pitals have  been  classed  with  hotels  and  restaurants, 
because  the  women  employed  in  hospitals,  exclusive  of 
the  nurses,  perform  work  very  similar  to  that  performed 
by  women  employed  in  hotels.  This  may  readily  be  seen 
from  the  following  occupational  grouping  of  the  130 
women  employed  in  three  hospitals.     (Page  21.) 

The  wage  situation  in  these  hospitals,  as  shown  in 
Table  XII,  is  even  worse  than  that  found  in  hotels. 
Over  half,  54.1  per  cent,  of  the  women  receivingr  room 
and  board  were  paid  less  than  $7  a  week,  and  of  those 
receiving  board  alone  96.7  per  cent  were  paid  less  than 
$10  a  week.     (Pages  21-22.) 


10 

Table  XII.  Number  and  per  cent  of  women  employees 
in  hospitals  receiving  each  classified  weekly  rate, 
by  compensation  received  per  working  day  in  ad- 
dition to  wages. 

Number, 


Women  with  Rates  of 

Official 

Compensation 

in  Addition 

to  Wages 

Un- 
der 
$7 

$7 

and 

under 

$8 

$8 

and 

under 

$9 

and 

under 

$10 

$10 

and 

under 

$11 

$11 

and 

under 

$12 

^^5 

and 

under 
$13 

$13 

and 
under 
$14 

"3 

and 
under 
$15 

^^5 
and 

under 

$16 

$16 

and 
Over 

To- 
tal 

Minimum 
Wage  Based 
on  the  Cost 

of  Living* 

Room  and  three 
meals 

20 
68 

2 

5 

3 

2 

2 

1 
1 

4 

37 
90 
3 

130 

Three  meals 

11 

7    1     1 

One  meal    . 

3 

7 

Total 

88 

11 

9 

6 

5 

2 

2 

Percent.  (Cumulative) 

$16.50 
May  26,  1920 

Room  and  three 
meals 

54.1 
75.6 

54.1 

69.5 

73.0 

81.1 

86.5 

86.5 
98.9 

89.2 
100 

89.2 
100 

89.2 
100 

10.8 
100 
100 

100 
100 
100 

Three  meals 

"WT 

95.6 

96.7 

98.9    98.9 



Total 

67.7 

76.2 

83.1 

87.7 

91.6 

93.1 

93.1 

94.6 

94.6 

94.6 

5.4 

100 

(Computed)     (Page  22) 


*Se€  footnote,  p.  7. 


Minimum  Wage  Board.  District  of  Columbia.  Wages 
of  Women  in  Laundries  and  Dyeing  and  Cleaning 
Establishments  in  the  District  of  Columbia.  Jan- 
uary and  Fehrwary,  1920. 

Per  cent  of  women  with  rate  of  (Cumulative) 


Official 

Type  of 

No. 

Under 

Under 

Under 

Under 

Under 

Under 

Under 

Under 

$16 

Minimum  Wages 

Establishment 

Inves- 
tigated 

$9 

$10 

$11 

$12 

$13 

$14 

$15 

$16 

and 
Over 

Based  on  the 
Cost  of  Living 

Steam  Laundries. 

1116 

28.8 

53.4 

71.1 

75.5 

81.7 

83.0 

85.2 

89.1 

10.9 

$15 

Hand  Laundries.. 

15 

33.4 

53.4 

53.4 

66.7 

80.0 

80.0 

80.0 

93.3 

6.7 

Dyeing  and  Clean- 

ing Estab 

59 

1.7 

5.1 

8.5 

8.5 

22.1 

22.1 

32.3 

40.7 

59.3 

Nov.  20    1920 

(Computed) 


(Pages  1,  2.) 


11 

Of  the  1190  women  328  or  27.6%  were  rated  at  less 
than  $9  a  week,  608  or  51.2%  at  less  than  $10  a  week, 
808  or  68%  at  less  than  $11  a  week,  and  1032  or  86.7% 
at  less  than  $16  a  week.  Since  94%  of  the  women  in 
these  industries  were  employed  in  steam  laundries 
special  emphasis  will  be  placed  upon  this  branch  of  the 
industry.     (Page  2.) 


Minirmmi  Wage  Board.  District  of  Columbia.  A  Study 
of  the  Wages  of  Women  Employed  as  Cleaners, 
Maids  and  Elevator  Operators  in  Office  BuMdings, 
Banks  and  Theatres  and  as  Car  Cleaners  in  the 
District  of  Colmnhia.    April  and  May  1920. 

Pay  roll  data  were  collected  for  a  total  of  604  women. 
Of  these,  247  were  employed  as  car  cleaners  by  the  rail 
transportation  companies.  Only  two  of  these  car  clean- 
ers received  less  than  $18  a  week;  the  majority,  83%, 
were  rated  at  $21.60  a  week.  Taking  as  a  standard  the 
wages  set  by  previous  conferences  these  women  were 
receiving  more  than  a  living  wage.  Hence  for  the  pur- 
poses of  this  study  they  need  not  be  considered  further. 

The  body  of  this  report  is  therefore  limited  to  an 
analysis  of  the  wages  of  357  women,  310  of  whom  were 
employed  in  office  buildings,  banks  and  similar  build- 
ings, 261  as  cleaners,  30  as  elevator  operators,  10  as 
forewomen  or  head  cleaners  and  9  as  day-time  maids 
or  attendants,  and  47  of  whom  were  employed  in  theatres, 
9  as  maids  and  38  as  cleaners.     (Page  1.) 

Summary. 

Pay  roll  data  showed  that  of  these  357  women,  over 
one-fourth  were  paid  less  than  $7  per  week,  one-half  less 
than  $9  per  week  and  nine-tenths  less  than  $12  per  week. 
In  connection  with  these  wage  rates  it  should  however 
be  noted  at  the  outset  that  the  great  majority  of  these 
women  did  not  work  the  full  number  of  hours  common 
to  women  in  other  occupations.  Approximately  one- 
third  of  them  worked  less  than  24  hours  per  week,  one- 


12 

half  less  than  36  hours  per  week  and  only  one-fifth  42 
hours  or  over.  Obviously  the  short  workday  accounts 
in  a  measure  for  the  low  wages  paid.  But  even  when 
calculated  on  an  hourly  basis  the  rates  are  still  low. 
Over  one-fourth  of  the  women  concerned  received  less 
than  25^  per  hour — some  being  paid  as  little  as  17^ — 
and  two-thirds  received  less  than  35^  per  hour.  (Pages 
1,  2.) 


Table  III.  Number  and  Per  Cent  of  Women  Employed 
in  Buildings  and  Theatres  Receiving  each  Classi- 
fied Hourly  Rate,  by  Occupation. 

Per  cent  of  women  with  hourly  rate  of  (cumulative) 


Occupation 

No. 
Inves- 
tigated 

Under 
20c. 

Under 
25c. 

Under 
30c. 

Under 
35c. 

Under 
40c. 

Under 
45c. 

Under 
50c. 

50c. 

and 
Over 

Official  Minimum 

Wages  Based 

on  the  Cost 

of  Living 

Building  Cleaners 

261 

10 

9 

30 

38 

9 

16.1 

28.7 

38.3 

69.3 

97.3 
30.0 

100 

100 

73.7 

100 

97.3 
40.0 

100 

100 

76.3 

100 

97.3 
40.0 

100 

100 

86.8 

100 

2.7 
60.0 

13.2" 

Building  Maids 

66.7 
16.7 

100 
46.7 

100 
50.0 

100 
76.7 
31.6 

77.8 

(Wages  board 

Building  Elev.  Operators 
Theatre  Cleaners  

about  to  be 

Theatre  Maids 

22.2 

22.2 

Total     

357 

14.8 

28.0 

35.3 

65.0 

93.3 

93.9 

95.0 

5.0 

(Computed) 


(Page   7.) 


Conclusion. 

From  the  foregoing  analysis  of  the  wages  of  the  357 
women  employed  as  cleaners,  maids  and  elevator  oper- 
ators in  office  buildings,  banks,  theatres,  art  galleries 
and  similar  institutions,  certain  conclusions  may  be 
drawn.  If  we  start  with  the  premise  that  every  ordi- 
nary position  should  bring  to  the  employee  who  holds 
it  a  wage  at  least  sufficient  to  supply  the  necessities  of 
life,  and,  if  we  take  as  that  minimum  wage  even  the  least 
sum  arrived  at  by  cost  of  living  studies  and  by  previous 
conferences  held  under  the  minimum  wage  law,  then  it 
must  be  concluded  from  a  study  of  the  pay  roll  records 
that  practically  all  of  the  women  included  in  this  study, 


13 

irrespective  of  occupation,  were  receiving  less  tlaan  a 
living  wage. 

On  tlie  other  hand,  however,  it  may  be  contended 
that  an  essentially  part-time  position  which  normally 
offers  less  than  a  full  eight  hours  of  work  per  day  need 
yield  as  a  minimum  merely  a  wage  which  bears  the  same 
relation  to  a  living  wage  as  the  number  of  hours  worked 
bears  to  a  full  working  week.  On  this  basis  the  pay  roll 
records  and  the  estimates  of  the  number  of  hours  worked 
would  show  that  only  two-thirds  of  these  women  were 
receiving  less  than  a  living  wage.     (Page  10.) 

Neither  of  these  contentions  is  entirely  sound.  It 
would  be  more  logical  to  take  a  position  somewhere 
between  these  two  extremes.  For  instance,  if  a  woman 
works  only  four  hours  a  day  she  has  sufficient  time  left 
to  make  her  own  clothes,  do  her  own  laundry  and  even 
her  own  housekeeping.  All  this  tends  to  decrease  the 
expenditures  necessary  to  maintain  the  proper  standard 
of  living.  In  this  case,  it  may  reasonably  be  argued 
that  it  actually  costs  a  woman  who  works  four  or  five 
hours  a  day  less  to  live  than  it  does  one  who  works  the 
full  48  hours  a  week.  But  this  decrease  in  the  cost  of 
living  of  a  woman  working  part  time  does  not  vary 
directly  with  the  number  of  hours  worked.  The  point 
is  soon  reached  when  no  further  reduction  in  cost  can 
be  made  without  undermining  the  standard  of  living. 
(Pages  10,  11.) 

Back  of  the  second  contention,  namely,  that  the  wage 
paid  should  bear  the  same  relation  to  the  living  wage 
as  the  number  of  hours  worked  bears  to  the  full  work- 
ing  week,  lies  the  belief  that  a  part  time  worker  oan 
secure  other  part  time  work  sufficient  to  make  up  her 
full  working  week.  It  is  no  easy  task  to  fit  various  part- 
time  jobs  in  one  with  the  other  so  as  to  make  a  consecu- 
tive working  day  of  eight  hours.  Either  the  working 
day  is  too  short  to  yield  the  required  minimum  weekly 
wage,  or  too  long  to  make  for  efficiency.  Furthermore, 
it  is  rare  that  a  worker  can  go  directly  from  one  job  to 
another.  Usually  more  or  less  time  intervenes  between 
the  time  of  leaving  one  task  and  of  beginning  another.    If 


14 

only  a  few  hours  elapse,  this  time  is  practically  wasted. 
A  long  period  between  tasks  usually  means  broken 
hours  of  sleep  and  disorganized  home  life.  Particularly 
is  this  true  where  one  of  the  tasks  is  performed  in  the 
middle  of  the  night.  Even  if  the  two  or  more  jobs  fitted 
in  one  with  the  other  as  to  time,  there  would  still  be  the 
loss  of  energy,  money  and  time  consumed  in  going  from 
one  place  of  work  to  the  other.  These  difficulties  attend- 
ing the  performance  of  more  than  one  part-time  job  a 
day  should  be  compensated  for  by  a  higher  hourly  rate 
where  the  employment  offered  is  for  less  than  the  normal 
number  of  working  hours.    (Page  11.) 

It  should  be  remembered  that  two-thirds  of  the 
women  included  in  this  study  would  receive  less  than  a 
living  wage  even  if  they  secured  additional  employment 
sufficient  to  make  up  a  full  working  day  at  similar  rates 
of  pay.  If,  bearing  in  mind  that  four-fifths  of  these 
w^omen  worked  less  than  42  hours  per  week,  we  accept 
the  theory  that  part-time  employment  should  be  paid  for 
at  a  higher  hourly  rate,  then  it  must  be  conceded  that 
considerably  more  than  two-thirds  of  the  women  con- 
cerned received  less  than  a  living  wage,  the  exact  pro- 
portion depending  upon  the  weight  given  the  various 
factors  considered  above — too  long  or  too  short  a  work- 
ing day,  broken  shifts,  broken  hours  of  rest,  disorgan- 
ized home  life.     (Pages  11,  12.) 

But  whether  this  theory  is  accepted  or  not,  there  can 
be  no  question  but  that  a  substantial  number  of  the 
women  employed  as  cleaners,  maids,  elevator  operators 
in  office  buildings,  banks,  theatres  and  similar  institu- 
tions in  the  District  of  Columbia  were  receiving  less  than 
a  living  wage.     (Page  12.) 


15 

(3)     Reinvestigation    for    Compliance    with    Minimum 

Decreed. 

Second  Annual  Report  of  the  Minimum  Wage  Board  of 
the  District  of  Columbia.    December  31,  1919. 

The  two  wage  orders  promulgated  by  the  Board  have 
been  in  effect  such  a  short  time  that  it  is  not  possible  to 
give  a  comprehensive  statement  as  to  the  results  of  min- 
imum wage  legislation  in  the  District.  Some  immediate 
effects  are  of  course  apparent  and  even  at  this  early  date 
it  may  be  permissible  to  draw  certain  tentative  conclu- 
sions as  to  results.     (Page  25.) 

In  the  first  place  pay  roll  data  prove  conclusively  that 
there  has  been  a  marked  increase  in  the  wages  paid 
women  and  minors  in  the  industries  in  which  wage  orders 
have  been  established.  In  the  printing,  publishing,  and 
allied  industries  in  January,  1919,  62.3  per  cent  of  the 
women  employed  received  less  than  $15.50  a  week.  Fig- 
ures for  these  same  establishments  for  the  first  week  in 
which  the  order  was  effective  showed  that  11.2  per  cent 
were  rated  at  less  than  $15.50.  Similar  data  for  the  mer- 
cantile industry  show  that  at  the  time  of  the  original 
wage  investigation,  February  to  March,  1919,  74.3  per 
cent  of  the  women  and  minors  employed  were  rated  at 
less  than  $16  a  week.  For  the  first  week  in  November, 
1919,  the  percentage  receiving  less  than  $16.50  a  week 
was  24.4  per  cent. 

A  comparison  of  the  rates  prevailing  in  particular 
groups  of  establishments  under  the  old  and  new  con- 
ditions shows  in  more  detail  the  actual  effects  of  the  wage 
order.  In  36  commercial  printing  and  publishing  estab- 
lishments in  January,  1919,  83.3  per  cent  of  the  women 
employed  were  receiving  less  than  $15.50  as  compared 
with  23.5  per  cent  after  the  minimum  rate  was  set  for 
these  industries. 

Out  of  a  total  of  3,190  women  and  minors  employed 
in  7  leading  department  stores  in  Felbruary  and  March, 
1919,  2,538,  or  79.6  per  cent,  were  rated  at  less  than  $16 
a  week,  and  652,  or  20.4  per  cent,  at  $16  and  over.     In 


16 

these  stores  on  October  28, 1919,  the  date  when  the  order 
became  effective,  3,260  women  and  minors  were  em- 
ployed, 1,021,  or  31.3  per  cent,  at  rates  above  $16.50,  1397, 
or  42.9  per  cent  at  the  rate  of  $16.50  and  842,  or  25.8  per 
cent  at  rates  less  than  $16.50.  The  effect  of  the  order  was 
thus  to  reverse  completely  the  percentage  above  and 
below  $16. 

In  the  5  and  10  cent  stores  the  percentage  of  women 
and  minors  employed  at  less  than  $16  a  week  decreased 
as  a  result  of  the  order  from  93.8  per  cent  to  45  per  cent. 
Although  these  figures  show  a  substantial  increase  in 
wages,  nevertheless  the  proportion  of  workers  receiving 
less  than  the  minimum  rate  is  abnormally  high.  The 
Board  is  giving  this  matter  consideration  at  the  present 
time,  and  it  may  be  found  necessary  to  limit  the  propor- 
tion of  learners  allowed  in  any  one  establishment,  as  was 
done  in  the  printing,  publishing,  and  allied  industries. 
In  these  industries  a  large  number  of  the  women  em- 
ployed do  unskilled  work,  requiring  not  more  than  a  week 
or  two  to  learn.  Fearing  that  these  jobs  would  all  be 
filled  by  inexperienced  workers  who  would  be  discharged 
after  the  year^s  learning  period  thus  in  effect  nullifying 
the  minimum  wage  order,  the  Board  limited  the  propor- 
tion of  learners  to  be  allowed  in  any  one  establishment 
to  one-fifth  of  the  total  number  of  women  employed.  This 
has  prevented  any  widespread  abuse  of  the  privilege  of 
employing  learners  at  a  lower  rate.  Events  have  proved 
that  the  Board  was  justified  in  its  action  in  these 
industries. 

In  the  mercantile  industry  the  Board  considered  plac- 
ing a  similar  limitation  on  the  employment  of  learners. 
It  feared  that  the  5  and  10  cent  and  other  cheap  stores 
would  tend  to  utilize  a  very  large  proportion  of  these 
workers  who  could  be  obtained  at  less  than  the  minimum 
wage. 

The  merchants  objected  strenuously  to  any  such  lim- 
itation. They  declared  that  in  a  store  experienced  work- 
ers were  always  preferred  to  inexperienced  and  were 
always  employed  when  obtainable.  They  affirmed  that 
any  limitation  would  work  a  great  hardship  and  would 


17 

necessitate  an  added  expense  in  bookkeeping.  The  pres- 
sure of  public  opinion  would  be  sufficient  they  stated  to 
keep  recalcitrant  employers  in  line.  After  considerable 
discussion  the  Board  agreed  that  no  limitation  would  be 
set  at  that  time  but  that  if  future  events  justified  such 
action  it  would  not  hesitate  to  amend  the  mercantile 
order  so  as  to  limit  the  proportion  of  learners  allowed 
in  a  given  establishment.    (Pages  25-26.) 

All  indirect  effect  of  the  minimum  rates  so  far  estab- 
lished has  been  to  raise  the  wages  of  women  in  other  in- 
dustries. It  is  particularly  interesting  to  note  that  new 
firms  just  beginning  in  other  lines  of  business  have  recog- 
nized the  minimum  wage  set  for  the  mercantile  industry. 
They  have  found  that  if  they  are  to  attract  competent 
workers  they  can  not  pay  less  that  $16.50,  the  rate  es- 
tablished as  the  minimum  for  approximately  half  of  the 
women  in  private  employ  in  the  district.     (Page  27.) 


18 

Arkansas. 

(1)     Minimum  Wage  Order. 

Arkansas  Minimum  Wage  and  Maximum  Hour  Com- 
mission. Order  No.  2,  Mercantile  Establishments, 
City  of  Fort  Smith,  August  4,  1920. 

The  commission  issued  an  order  on  August  4tli,  ef- 
fective from  and  after  September  1,  1920,  establishing 
$13.25  as  the  minimum  wage  to  be  paid  experienced  fe- 
males, and  $11.00  as  the  minimum  wage  to  be  paid  in- 
experienced females  employed  in  mercantile  establish- 
ments in  the  city  of  Fort  Smith. 

Due  to  unusual  economic  conditions,  the  making  up 
of  a  budget  of  the  cost  of  living  of  a  self-supporting 
woman  of  ordinary  ability  was  exceptionally  difficult. 
The  following  budget,  however,  was  adopted  by  the 
commission : 

Items  Amount  per  week 

Board  and  room $8.00 

Clothing 3.00 

Laundry 45 

Street  car  fare  .72 

Church  ^ 10 

Recreation 30 

Insurance    15 

Savings  account 20 

Incidentals    33 

$18.25 

Attention  is  directed  to  the  fact  that  only  the  neces- 
sities of  life  are  included  in  the  budget.  Nothing  is  al- 
lowed for  vacation,  doctor  or  dentist,  oculist,  news 
papers  and  magazines,  self-improvement,  or  benefit  as- 
sociations, all  of  which  are  included  in  budgets  estimated 
by  commissions  in  other  States  in  making  wage  awards. 

But  the  commission  directs  attention  to  the  fact  that 
the  award  made  by  the  commission  is  a  substantial  in- 
crease over  the  wage  paid  in  the  mercantile  industry  in 
the  city  of  Fort  Smith.    *    *    * 


19 

California. 

(1)     Minimum  Wage  Orders.     [ Summarized. j^—^ 

Experienced  Adult  Women. 

Nos.  3  to  14.  Any  occupation,  trade  and  industry 
(exclusive  of  telephone  or  telegraph,  domestic  labor, 
skilled  trades,  or  harvesting,  curing  or  drying  of  any 
variety  of  fruit  or  vegetables).  Effective  at  various 
dates  between  June  26-September  25,  1920.  Minimum 
wage  of  $16  or  33%ff  an  hour. 

Emergency  Work  in  Fruit  and  Vegetable  Canning, 
Fish  Canning,  Fruit  and  Vegetable  Packing,  and  Agricul- 
tural Occupations,*  i.  e.,  work  performed  in  excess  of  8 
hours  a  day  or  6  days  in  one  week.  In  excess  of  8 
hours  and  up  to  12  hours  at  1%  the  time  or  piece  rates 
provided ;  in  excess  of  12  hours,  at  double  the  rates ;  on 
Sunday  or  the  day  of  rest,  for  the  first  8  hours  at  1% 
the  rates,  and  thereafter  at  2%  the  rates.**  (Also  applies 
to  learners  and  minors.) 

Work  on  the  Day  of  Rest  in  General  and  Professional 
Offices  and  Hotels  and  Restaurants,  at  1%.  the  rates  (ex- 
cluding hotel  and  restaurant  workers  who  are  employed 
for  6  hours  a  day  or  less).  (Also  applies  to  learners 
and  minors.) 

Less  than  a  Full  Week^s  Employment  in  Fish  Can- 
ning, Laundry  and  Dry  Cleaning,  Unclassified  Occupa- 
tions and  Manufacturing,  at  38^  an  hour. 

Part  Time  Work  in  Mercantile,  Laundry  and  Dry 
Cleaning,  Unclassified  Occupations,  and  Manufacturing, 
i.  e.y  work  on  an  hourly  basis  for  less  than  8  hours  in  one 
day,  at  40^  per  hour.  In  Hotels  and  Restaurants,  i.  e.y 
when  employed  3  hours  a  day  or  less,  at  40^  per  hour; 
more  than  3  hours  a  day,  at  38^  per  hour  or  $16  a  week. 

Continuous  Process  Work  in  Manufacturing  after  11 
P.  M.  and  before  6  A.  M.  at  1%  the  rates. 


*In  fish  canning  all  night  work,  after  10  P.  M.  and  before  6  A.  M.,  is  paid 
for   at   emergency    rates.  , 

**In  dried  fruit,  raisins,  all  Sunday  work  is  paid  for  at  1^4  the  rates. 


20 

Deductions  Permitted  in  Hotels  and  Eestaurants,  for 
bona  fide  meals;  breakfast  25^,  lunch  30^,  dinner  45^; 
for  room  $3  a  week. 

Piece  Eates. 

Preparation  of  Fruit  and  Vegetables  for  Canning. 
Minimum  or  least  piece  rate  per  100  pounds. 

Asparagus   $0.22;     String  beans  $1.50 

Cherries   75     Pears  62 

Apricots  50     Plums  18 

Peaches,  cling 38  Thompson  Seedless 

Peaches,  free  22        Grapes  1.00 

Peaches,  hand  peeling    .50     Muscat  Grrapes 75 

Tomatoes  (finished  product) — 12  qts.  05%. 

Cutting  and  Pitting  of  Fruit  for  Drying. 
Minimum  or  least  piece  rate  per  100  pounds. 

Free  peaches,  $0.22  Pears,  $0.22 

Apricots,  for  fruit  running  less  than  12  to  a  pound,  .40 
Apricots,  for  fruit  running  more  than  12  to  a  pound,  .50 

Learners  and  Minors. 

No.  3.  Fridt  and  Vegetable  Vanning.  Learners:  1 
week  at  $12  or  25^  per  hour.  Overtime  rate,  31^  per 
hour,  double^  time  rate,  50^  per  hour.  Minors  (16  to  18) : 
1  week  at  25^  per  hour,  thereafter  at  33%^  per  hour 
or  $16. 

No.  5.  Mercantile.  Learners:  6  months  at  $12,  6 
months  at  $14.  Minors  (under  18) :  6  months  at  $10,  6 
months  at  $12,  6  months  at  $14,  thereafter  $16.  Experi- 
enced minor  part  time  workers  at  40^  per  hour,  inexpe- 
rienced at  30^  per  hour.  Learners  and  minors  in  sea- 
sonal millinery  work  rooms :  first  season,  4  weeks  at  $8, 
4  weeks  at  $9,  4  weeks  at  $10 ;  second  season,  4  weeks  at 
$12,  4  weeks  at  $13,  4  weeks  at  $14.  Learners  and  minors 
in  the  office  of  mercantile  establishments  who  have  been 
employed  in  the  selling  force  shall  be  granted  one-third 
of  their  selling  experience  and  vice  versa. 

No.  6.  Fish  Canning.  Learners  and  minors :  1  week 
at  $12  or  25^  per  hour,'  1  week  at  $13  or  27^  per  hour,  1 


21 

week  at  $14  or  29^  per  hour,  1  week  at  $15  or  31^  per 
hour.  Provided,  however,  if  full  week's  employinentj.s 
not  provided  hourly  rates  shall  be  increased  5  cents. 

No.  7.  Laundry  and  Dry  Cleaning,  Learners  and 
minors :  3  months  at  $12,  3  months  at  $14.  Provided  if 
full  week's  work  is  not  provided,  hourly  rates  shall  be 
during  first  3  months  at  30^  per  hour,  second  3  months 
at  35^  per  hour. 

No.  8.  Fruit  and  Vegetable  Packing.  In  citrus,  dried 
fig,  layer  raisin  packing:  Learners,  4  weeks  at  $12  or 
25^  per  hour;  minors,  4  weeks  at  $10.56  or  22^  per  hour, 
thereafter  $16.  In  other  branches:  learners,  2  weeks 
at  $12  or  25^  per  hour;  minors,  2  weeks  at  $10.56  or  22^ 
per  hour,  thereafter  $16. 

No.  9.  General  and  Professional  Offices.  Learners: 
3  months  at  $12,  3  months  at  $14.  Minors  (under  18) : 
3  months  at  $10,  3  months  at  $11,  3  months  at  $12,  3 
months  at  $14,  thereafter  $16.  Minor  or  part  time  work- 
ers at  30^  an  hour. 

No.  10.  Unclassified  Occupations.  Learners :  3  weeks 
at  $12  or  25^  per  hour;  for  less  than  a  full  week  of  em- 
ployment at  30^  per  hour  or  $12.  Minors:  3  weeks  at 
$10.56  or  22^  per  hour,  thereafter  $12  or  25^  per  hour; 
for  less  than  a  full  week's  employment,  if  inexperienced, 
25^  per  hour  or  $10.56,  if  experienced,  30^  per  hour  or 
$12 ;  part  time  workers  at  30ff  per  hour. 

No.  11.  Manufacturing.  Learners :  3  months  at  $12, 
3  months  at  $14 ;  for  less  than  a  full  week  of  employment, 
during  first  3  months  at  30^  per  hour,  during  second  3 
months  at  35f^  per  hour.  Minors:  3  months  at  $10,  3 
months  at  $12,  3  months  at  $14;  thereafter  $16;  for  less 
than  a  full  week  of  employment,  during  first  3  months  at 
25^  per  hour,  during  second  3  months  at  30^  per  hour, 
during  third  3  months  at  35^  per  hour ;  thereafter  at  38^ 
per  hour ;  part  time  workers  at  30^  per  hour. 

No.  12.  Hotels  and  Restaurants.  No  special  rates 
for  learners  or  minors. 

No.  14.  Agricultural  Occupations.  No  special  rates 
for  learners  or  minors. 


22 

(2)     Wage  Investigations  and  Minimum  Decreed. 

Report  on  the  Regulation  of  Wages,  Hours  and  Working 
Conditions  of  Women  and  Minors  in  the  Fruit  and 
Vegetable  Canning  Industry  of  California.  May, 
1917. 

The  Wage  Board  unanimously  accepted  the  following 
minimnm  rates  of  pay  for  cutting  and  canning  of  fruits 
and  vegetables: 

Cutting. 

Per  IQO  lbs.  Box  40  lbs. 

Apricots  $.225  $.09 

Pears  375  .15 

Peaches,  cling  225  .09 

Peaches,  free  .125  .05 

Tomatoes — per  dozen  quarts  $.03 

Canning. 

Per  dozen 
cans 

Fruit,  No.  2y2 $.015 

Fruit,  No.  -10  036 

Tomatoes,  No.  2i/> 01 

Tomatoes,  No.  lO" 024 

I  would  like  to  call  your  attention  to  the  effect  of  these 
recommended  rates  upon  the  industry,  and  the  gain  to 
the  women  working  in  the  industry,  if  the  commission 
accept  them.*     (Page  45.) 

In  the  season  of  1915,  43  per  cent  of  the  canneries 
packing  apricots  paid  a  lower  rate  than  $.225  per  hun- 
dred pounds,  or  $.09  per  40-pound  box.  It  will  mean  a 
gain  to  the  women  working  in  these  canneries  of  from 
1  to  4  cents  per  box  of  40  pounds.  Sixteen  per  cent  of 
the  canneries  packing  apricots  paid  $.225  per  hundred 
pounds  and  41  per  cent  were  paying  above  that  rate. 

•Rates  accepted  by  Order  No.  1,  Feb.  14,  1916. 


23 

Apricots  are  19.1  per  cent  of  the  entire  fruit  pack  of  the 
state.  

Occupation.  Minimum  Piece  Rate. 

Cutting  Apricots,  $0,225  per  100  lbs.  (or  $0.09  per  40  lbs.) 
Cutting  Pears,  0.375  per  100  lbs.  (or  0.15  per  40  lbs.) 
Cutting  Cling 

Peaches,  0.225  per  100  lbs.  (or    0.09  per  40  lbs.) 

Cutting  Free 

Peaches  0.125  per  100  lbs.  (or    0.05  per  40  lbs.) 

Cutting  Tomatoes,  0.03  per  12  quarts. 

Occupation.  Minimum 

Size  of  Can.  Piece  Rate. 

Canning  All  Varieties  of  fruit No.  2i/^  $0,015  per  doz. 

Canning  All  Varieties  of  fruit No.  10  0.036  per  doz. 

Canning  Tomatoes  No.  2^4  0.01    per  doz. 

Canning  Tomatoes  No.  10  0.024  per  doz. 

(Page  51.) 

Of  the  canneries  packing  free  peaches,  19  per  cent 
paid  less  than  $.125  per  hundred  pounds,  or  5  cents  per 
box  of  40  pounds  of  fruit.  It  means  a  gain  in  these  can- 
neries of  1  cent  per  box  of  40  pounds  of  fruit.  Thirty- 
eight  per  cent  of  the  canneries  were  paying  $.125  per 
hundred  pounds,  and  43  per  cent  paid  above  this  rate. 
Free  peaches  are  14.9  per  cent  of  the  entire  fruit  pack 
of  the  state. 

Of  the  canneries  packing  pears,  36  per  cent  paid  less 
than  $.375  per  hundred  pounds,  or  15  cents  per  box  of 
40  pounds  for  peeling.  It  means  a  gain  to  the  women 
in  these  canneries  of  from  1  to  3  cents  per  box  of  40 
pounds.  Thirty  per  cent  of  the  canneries  paid  this  rate, 
and  34  per  cent  paid  above  this  rate.  Pears  are  13.5 
per  cent  of  the  entire  fruit  pack  of  the  state. 

Of  the  canneries  packing  cling  peaches,  58  per  cent 
paid  less  than  $.225  per  hundred  pounds,  or  9  cents  a 
box  of  40  pounds.    It  will  mean  a  gain  to  the  women  in 
these  canneries  of  from  1  to  4  cents  per  box  of  40  pounds. 
Twenty  per  cent  of  the  canneries  paid  this  rate,  and  22 


24 

per  cent  above  this  rate.  Cling  peaches  are  43.9  per  cent 
of  the  total  fruit  pack  of  the  state. 

Therefore,  the  recommended  rates  of  the  Wage  Board 
would  materially  raise  the  earnings  of  the  women  who 
prepare  these  four  products,  which  are  91.4  per  cent  of 
the  total  fruit  pack  of  the  state. 

Of  the  canneries  which  reported  canning  tomatoes, 
18  per  cent  paid  less  than  3  cents  per  12-quart  bucket. 
The  tomato  pack  is  21  per  cent  of  the  entire  fruit  and 
vegetable  pack  of  the  state. 

When  you  consider  that  these  gains  have  been  made 
by  the  unanimous  recommendation  of  the  Wage  Board, 
and  that  the  canneries  affected  by  one  or  more  rates  em- 
ploy throughout  the  season  over  20,000  women,  I  think 
we  may  feel  that  this  first  Wage  Board  has  been  highly 
successful.    (Pages  45-46.) 


25 

(3)     Reinvestigations   for   Compliance  with   Minimum 

Decreed.  — 

Third  Biennial  Report  of  the  California  Industrial  Wel- 
fare Commission.    1917-1918. 

Approximately  85,000  women,  or  85  per  cent  of  all 
women  working  in  industrial  life  in  California,  are  now 
under  the  protection  of  the  Industrial  Welfare  Commis- 
sion. Pay  roll  returns  show  an  addition  by  the  com- 
mission rulings  of  over  one  million  dollars  to  the  wages 
of  women  in  the  mercantile,  laundry,  and  canning  indus- 
tries, to  say  nothing  of  the  gains  to  the  office  workers, 
fish  canning,  fruit  packing  and  unskilled  occupations  of 
which  comparative  pay  rolls  were  not  available. 

That  this  increase  in  wages  is  to  be  credited  wholly  to 
the  rulings  of  the  Industrial  Welfare  Commission,  the 
following  table  indicates : 

Cumulative  Per  Cent  of  Women  Receiving  Under  $10. 
Mercantile  industry — 

1914  52.5  per  cent 

April,  1917  40.8  per  cent 

September,  1917  20.2  per  cent 

Laundry  industry — 

1914  59.2  per  cent 

October,  1917 56.3  per  cent 

January,  1918  22.1  per  cent 

In  the  mercantile  industry,  for  the  three  years  from 
1914  to  1917,  there  was  only  a  decrease  of  11.3  per  cent 
in  the  number  of  women  earning  less  than  $10.  In  the 
frvQ  months  from  April,  before  the  order  went  into  effect, 
to  September,  when  the  order  went  into  effect,  the  drop 
was  20.6  per  cent.  There  was  a  gain  to  the  workers  of 
not  less  than  $660,000  per  annum  by  the  increase  of  rates 
paid  in  September  over  those  paid  in  April. 

In  the  laundry  industry,  the  period  of  comparison  is 
even  shorter — three  months;  the  gains  are  that  much 


26 


more  definitely  to  be  credited  to  the  commission.  For 
the  three  years  from  1914  to  1917,  the  decrease  in  the 
number  receiving  less  than  $10  was  2.9  per  cent,  whereas 
the  decrease  for  the  three  months  from  October,  before 
the  order  became  effective,  to  January  when  it  became 
effective,  was  34.2  per  cent.  The  increase  in  wages 
^mounted  to  $236,000  per  annum.     (Page  12.) 

The  first  orders  of  1916  in  the  canning  industry  in- 
creased rates  paid  in  50  per  cent  of  the  canneries  pack- 
ing cling  peaches ;  in  19  per  cent  of  those  packing  free- 
stone peaches;  in  36  per  cent  of  the  canneries  packing 
pears ;  in  43  per  cent  of  the  canneries  packing  apricots. 
The  amended  orders  of  1917  further  increased  rates.  In 
1918,  the  minimum  piece  rates  were  increased  from  10 
to  50  per  cent  and  the  time  rate  from  sixteen  cents  to 
twenty  cents.     (Page  13.) 

Effects  of  the  Mercantile  Order. 


WEEKLY  RATE  OF  WAGES-IDENTICAL  ESTABLISHMENTS 

No. 
Inves- 
tigated 

Per  cent,  of  Women  Receiving  (Cumulative)— 

Official 

Minimum 

Wage  Based 

on  the  Cost 

of  Living** 

City 

Un- 
der 
$4 

Un- 
der 
$5 

$6 

Un- 
der 
$7 

Un- 
der 
$8 

Un- 
der 
$9 

Un- 
der 

Un- 
der 
$11 

Un- 
der 
$12 

$12 

and 
Over 

San  Francisco  (29  es- 
tablishments)— 
1914 

3,556 
3,621 
3,984 

3,842 
4.059 
4,309 

1,038 

937 

1.036 

404 
434 
443 

785 
730 
889 

.6 
.1 

.4 
.2 

2.7 
1.2 

3.9 
1.8 

10.7 
3.1 

7.3 

4.4 

20.4 
5.2 
3.6 

13.1 
8.7 
5.1 

30.4 
19.3 
6.3 

21.0 
16.3 
7.2 

46.5 
10.7 
7.6 

24.0 
13.3 
5.6 

19.9 
15.1 

7.4 

39.2 

32.5 

9.6 

34.8 
31.3 
10.6 

48.1 
27.2 
12.4 

35.6 
22.9 
13.5 

34.4 
27.1 
15.9 

50.0 
41.7 
21.2 

45.4 
40.3 
19.4 

60.1 
54.0 
24.4 

48.5 
37.1 
21.0 

47.7 
43.9 
21.3 

59.4 
52.3 
*25.9 

55.1 
50.8 
23.9 

70.1 
66.0 
*27.8 

56.2 
45.4 
46.3 

61.7 
62.0 
60.1 

69.8 
62.3 
61.9 

64.0 
61.6 
62.3 

76.1 
72.4 
72.2 

65.0 
58.2 
69.1 

65.9 
67.3 
66.1 

75.1 
70.0 
69.6 

67.2 
65.3 
66.4 

81.3 
76.7 

77.4 

35.0 
41.8 
40.9 

34.1 
32.7 
33.9 

24.9 
30.0 
30.4 

32.8 
34.7 
33.6 

18.7 
23.3 
22.6 

April,  1917 

September,  1917... 
Los  Angeles  (17  estab- 
lishments)— 

1914 

April,  1917 

September,  1917... 

$10.00 

Oakland    (10    estab- 
lishments)— 
1914 

.7 
.9 

8.1 
3.7 

12.4 
10.1 

Sept.,  1917 

April,  1917 

September,  1917. . . 

San  Diego  (8  estab- 
lishments)— 
1914 

.2 
.5 

2.4 
2.3 

5.4 
3.5 

April,  1917 

September,  1917. . . 

Sacramento  (9  estab- 
lishments)— 
1914 

1.5 
.1 

3.4 
1.0 

27.9 
5.2 

April,  1917 

September,  1917... 

^Corrected  within  the  month,  the  firm  at  fault  reducing  the  number  of  apprentices  to  less  than  25  per  cent. 
(Pages  36,  37). 

**  See  Order  No.  5,  July  6,  1917,  for  additional  rates  set  for  learners  and  minors. 


27 

Five  and  Ten  Cent  Stores. 

The  general  results  observed  in  the  mercantile  estaB- 
lishments  were  reproduced  in  a  greater  degree  in  the 
5  and  10  cent  stores.  The  adjustment  necessary  for  full 
compliance  with  the  Minimum  Wage  rulings  was  very 
much  greater  than  in  any  other  store.  In  1914,  95  per 
cent  received  under  $10 ;  in  April,  1917,  91  per  cent,  while 
in  September  they  dropped  to  the  required  25  per  cent. 
In  1914,  70  per  cent  received  less  than  $6.  In  April,  43 
per  cent  received  under  $6,  and  73  per  cent  under  $7. 
In  September  none  received  less  than  $6,  and  only  8  per 
cent  between  $6  and  $7;  whereas  75  per  cent  received 
$10  or  over.    (Page  46.) 


Five,  Ten  and  Fifteen  Cent  Stores. 
Full  Time  Workers. 


1914 

April,  1917 

Sept.,  1917 

Cumulative  Percent. 

Official 
Minimam 

Wages 

Num- 
ber 

Per 
cent. 

Num- 
ber 

Per 

cent. 

Num- 
ber 

Per 

cent. 

1914 

April, 
1917 

Sept., 
1917 

Based  on 
the  Cost 
of  Living* 

Under  $4  00 

5 
161 
191 
79 
23 
15 

8 
10 

5 
12 

1.0 

31.5 

37.5 

15.5 

4.5 

2.9 

1.6 

1.9 

1.0 

2.6 

1.0 
32.5 
70.0 
85.5 
90.0 
92.9 
94.5 
96.4 
97.4 

2.6 

$4.00  to  $4.99 

62 

160 

154 

58 

19 

15 

15 

5 

25 

12.1 

31.2 

30.0 

11.3 

3.7 

2.9 

2.9 

1.0 

4.9 

12.1 
43.3 
73.3 
84.6 
88.3 
91.2 
94.1 
95.1 
4.9 

"s.i 

10.7 
24.6 
25.0 
89.7 
92.1 
7.9 

$5.00  to  $5.99 

$6.00  to  $6.99 

43 
14 
74 
2 
345 
13 
42 

8.1 
2.6 
13.9 

2.4 
7.9 

$7.00  to  $7.99 

$8.00  to  $8.99  

$10.00 

$9.00  to  $9.99 

Sept.,  1917 

$10.00  to  $10.99 

$11.00  to  $11.99 

$12.00  and  over 

Totals      

509 

100.0 

513 

100.0 

533 

100.0 

100.0 

100.0 

100.0 

t 

(Paj 

56    47.) 

Before  the  commission  passed  the  mercantile  order, 
these  stores  took  advantage  of  the  peculiar  character  of 
their  business.  The  range  of  goods  was  not  great  com- 
pared to  large  department  stores;  the  system  of  display 
common  to  variety  stores  made  the  goods  practically 
self-selling,  so  there  was  no  call  for  trained  saleswomen. 
The  savings  through  low  wages,  however,  were  partly 

*See  Order  No.  5,  July  6,  1917,  for  additional  rates  set  for  learners  and 
minors. 


28 

redistributed  because  of  losses  through  employees,  the  re- 
sult of  the  type  of  employee  who  would  work  for  the  low 
wage,  combined  with  the  temptation  that  always  accom- 
panies low  wages,  to  make  up  for  the  wage  if  the  op- 
portunity arises.  Higher  wages  raise  the  self-respect  of 
the  employees  who  are  retained  and  makes  them  more 
dependable,  besides  attracting  a  better  class  of  employee. 
Though  recognizing  the  need  for  a  change  and  the 
benefits  to  be  gained,  business,  especially  in  the  matter 
of  wages,  chooses  always  to  w^ait  until  some  movement 
forces  the  change  on  all  concerns  in  the  same  line.  The 
mercantile  order  became  the  impelling  force  that  brought 
up  the  5  and  10  cent  stores  from  their  widely  criticized 
position  of  paying  low  wages  to  that  of  paying  a  living 
wage.  The  changes  required  were  more  than  in  other 
establishments,  yet  were  produced  with  no  more  friction, 
the  management  displaying  a  spirit  of  ready  and  willing 
co-operation.    (Pages  47-48.) 

Effects  of  the  Laundry  Order. 

Almost  600  establishments  in  92  cities  of  the  state 
reported  as  employing  women  to  a  total  of  over  6,300. 
The  period  _of  three  months  [between  investio-ations]  is 
so  short  that  contributory  factors  that  might  influence 
the  rate  are  largely  discounted,  and  any  changes  are  to 
be  credited  almost  entirely  to  the  orders  of  the  com- 
mission.    (Pages  58-59.) 

As  a  check  on  these  results,  and  to  ascertain  whether 
all  required  adjustments  had  been  made,  another  pay  roll 
was  called  for  in  November,  1918,  and  the  rate  of  pay 
analyzed.     (Page  59.) 


29 


WEEKLY     KATES    OF    TIME    WORKERS    FOR    IDENTICAL    ESTABLISH- 
MENTS, 1914  AND  1916,  1916  AND  1917,  1917  AND  1918. 

Per   Cent   of  Women   receiving    (Cumulative) 


City 

No. 
Inves- 
tigated 

Un- 
der 
$6 

Under 
$7 

Under 
$8 

Under 
$9 

Under 
$10 

Under 
111 

Under 
$12 

$12 

and 
Over 

Official 

Minimum 

Wage  Based 

on  the  Cost 

of  Living* 

San  Francisco — 
1914  (18  establishments) 
1916  (18  establishments) 
1916  (21  establishments) 

1,070 
1,086 
1,181 
1,281 
1,384 
1,428 

446 
421 
403 
410 
504 
514 

1,158 
1,307 
1,307 
1,357 
1,704 
1,762 

.5 
.1 
.1 
.7 
.5 
.1 

16.6 

14.7 

15.1 

1.2 

1.8 

31.9 
32.8 
34.9 

1.1 
.9 

1.0 

52.9 
51.3 
15.3 
17.3 
19.1 
7.4 

63.3 
62.8 
62.8 
56.5 
55.2 
23.1 

53.2 
53.8 
54.8 
38.6 
39.3 
16.2 

68.2 
69.8 
70.4 
48.8 
47.9 
16.9 

80.0 
80.7 
80.7 
75.3 
74.7 
30.8 

70.2 
71.8 
72.7 
60.5 
61.4 
5.7 

80.1 
80.5 
80.1 
68.5 
68.1 
64.6 

86.7 
87.4 
87.4 
84.6 
84.1 
82.8 

80.6 
80.8 
81.6 
75.6 
75.6 
72.9 

82.1 
83.6 
83.4 
76.3 
76.2 
74.1 

88.2 
88.5 
88.5 
87.1 
86.4 
86.8 

19.4 
19.2 
18.4 
24.4 
24.4 
27.1 

17.9 
16.4 
16.6 
23.7 
23.8 
25.9 

11.8 
11.5 
11.5 
12.9 
13.6 
13.2 

1917  (21  establishments) 

1917  (26  establishments) 

1918  (26  estabKshments) 

Oakland— 

1914  (12  establishments) 

.5 
.4 

1916  (12  establishments) 

1916  (11  establishments) 

1917  (11  establishments) 

.2 
.2 

$10  Jan.,  1918 

1917  (18  establishments) 

1918  (18  establishments) 

Los  Angeles — 
1914  (19  establishments) 
1916  (19  establishments) 

1916  (19  establishments) 

1917  (19  establishments) 

1917  (31  establishments) 

1918  (31  establishments) 

■l4' 
1.4 
6.7 
5.3 

11.1 
10.0 
10.0 
12.8 
11.2 
.2 

45.9 
43.5 
43.5 
33.1 
33.1 
9.0 

(Pages  75,  76) 
*  See  Order  No.  7,  Nov.  14,  1917,  for  additional  rates  set  for  learners. 


WEEKLY  RATE  OF  WAGES— Oct.  1917,  Jan.  1918,  Nov.  1918  (270  Establishments) 


Date  of  Investigation 


October,  1917... 
January,  1918. . 
November,  1918 


No. 
Inves- 
tigated 


6,394 
6,327 
6,259 


Per  cent,  of  Women  Receiving  (Cumulative)— 


Under 
$5 


0.0 
.0 


Under 
$6 


1.5 
.1 


Under 
$7 


4  5 
.2 
.1 


Under 
$8 


16.1 
1.6 

.7 


Under 
$9 


29.4 
12.4 
5.7 


Under 
$10 


56.3 
22.4 
10.9 


Under 
$11 


71.2 
69.2 
35.9 


Under 
$12 


77.0 
76.2 
52.2 


Under 
$13 


70.9 


ABOVE  TABLE— continued 


No. 
Inves- 
tigated 

Per  cent,  of  Women  Receiving  (Cumulative)— 

Date  of  Investigation 

Under 
$14 

Under 
$15 

Under 
$16 

Under 
$17 

Under 
$18 

Under 
$20 

Under 
$22.50 

Under 
$25 

$25  to 
$35 

October,  1917 

6,394 
6,327 
6,259 

92.4 
90.7 
78.9 

93.5 
92.1 
83.8 

96.6 
95.9 
90.5 

97.6 
97.2 
92.9 

97.9 
97.5 
94.0 

99.2 
99.1 
97.1 

99.6 
99.5 
99.2 

99.7 
99.7 
99.6 

0  3 

January,  1918 

.3 

November,  1918. 

.4 

(Condensed) 


(Pages  60-65) 


30 

Kansas. 

(1)     Minimum  Wage  Orders.     [Summarized.] 

No.  6.  Mercantile,  Effective  March  18,  1918.  Ex- 
perienced females,  $8.50.  Learners:  6  months  at  $6, 
6  months  at  $7.  Minors  employed  as  bundle  wrappers 
or  as  cash  boys  or  cash  girls,  6  months  at  $5,  6  months 
at  $5.50,  thereafter  $6. 

No.  7.  Laundries.  Effective  May  14,  1918.  Exper- 
ienced females,  $8.50.    Learners :    6  months  at  $6.50. 

No.  9.  Telephone  Operators.  Effective  September  5, 
1918.  In  exchanges  serving  communities  of  less  than 
1000  population:  experienced  females  $7;  learners,  6 
months  at  $6,  6  months  at  $6.50.  Exchanges  serving  1000 
to  5000 :  experienced  females  $7.50 ;  learners,  6  months  at 
$6,  6  months  at  $7.  Exchanges  serving  5,000  to  20,000 : 
experienced  females,  $8;  learners,  6  months  at  $6,  6 
months  at  $7.  Exchanges  serving  20,000  and  over:  ex- 
perienced females,  $9;  learners,  1  month  at  $6.50,  5 
months  at  $7,  6  months  at  $8.  Time  in  excess  of  8  hours 
at  1%  the  rates. 

No.  10.  Manufacturing.  Effective  February  21, 1919. 
Experienced  females,  $11.  Learners:  3  months  at  $7, 
3  months  at  $9.  Time  in  excess  of  8  hours  at  IV2  the 
rates. 


31 

(2)     Wage  Investigations  and  Minimum  Decreed. 

First  Biennial  Report  of  the  Kansas  Industrial  Welfare' 
Commission.    1915-1917. 

This  investigation  proved  to  the  Commission  that  a 
substantial  number  of  women  workers  in  laundries  were 
working  for  inadequate  wages,  that  they  were  not  re- 
ceiving a  sufficient  amount  to  enable  them  to  have  proper 
food  and  clothing,  to  make  any  provision  for  health  or 
recreation,  or  to  allow  them  to  properly  house  them- 
selves.    (Page  24.) 

[Analysis]  shows  that  64  per  cent  of  all  the  full-time 
workers  [770]  in  laundries  work  fifty-four  hours  per 
week  or  longer,  while  25  per  cent  work  sixty  to  seventy- 
two  hours  per  week.  Notwithstanding  the  long  hours, 
the  wages  in  many  of  the  laundries  are  very  low.  A 
fraction  over  29  per  cent  receive  less  than  $6  per  week. 
More  than  52  per  cent  receive  between  $6  and  $8,  which 
means  that  about  82  per  cent  of  all  the  laundry  workers 
receive  $8  or  less  per  week,  the  majority  of  them  ranging 
from  $5  to  $7.     (Page  18.) 

In  the  mercantile  establishments  listed  in  Table  No.  8, 
wages  and  hours  of  1625  women  employees  are  given; 
26  per  cent  receive  under  $6  a  week ;  28  per  cent  receive 
$6  a  week  and  over,  but  under  $8 ;  28  per  cent  are  shown 
to  receive  $8  and  over,  but  under  $12 ;  and  but  18  per  cent 
are  shown  to  receive  $12  and  over.  More  than  40  per 
cent  receive  less  than  $7  per  week.  Out  of  1625  girls, 
1003  receive  under  $9  a  week.    (Page  29.) 

The  inspector  visited  almost  every  five  and  ten  cent 
store  in  the  state  and  accurate  investigation  on  303 
employees  was  secured.  The  tables  show  that  of  the 
number  investigated,  87  per  cent  receive  less  than  $6  a 
week ;  that  51  per  cent  receive  less  than  $5 ;  more  of  them 
receive  $4  or  $4.50  per  week.     (Page  32.) 


32 


WAGES  FOR  WOMEN 


Number  of  "Women  with  Rate  of— 

No. 

Official 

Minimum 

Inves- 

$3 

$4 

$5 

$6 

$7 

$8 

$9 

$10 

$12 

$15 

$20 

Wage 

Industries 

tigated 

Un- 

and 

and 

and 

and 

and 

and 

and 

and 

and 

and 

and 

Based  on 

der 

un- 

un- 

un- 

un- 

un- 

un- 

un- 

un- 

un- 

un- 

over 

the  Cost 

$3 

der 

der 

der 

der 

der 

der 

der 

der 

der 

der 

of  Living 

$4 

$5 

$6 

$7 

$8 

$9 

$10 

24 

$12 

24 

$15 

8 

$20 

4 

1 

Laundries,*lst  class  cities. 

565 

2 

11 

38 

106 

176 

120 

51 

$8.50* 

Laundries,  2d  class  cities. 

205 

1 

10 

16 

42 

66 

43 

13 

2 

6 

3 

3 

May,  14, 
1918 

Mercantile,  1st  class  cities 

1,023 

3 

20 

46 

108 

179 

128 

133 

71 

116 

85 

93 

41 

Mercantile,  2d  class  cities 

529 

1 

9 

12 

39 

70 

68 

71 

37 

75 

69 

54 

24 

$8.50** 
Mch.  18, 

5  and  10  cent  stores,  1st 

class  cities 

225 

3 

10 

111 

71 

13 

8 

3 

3 

2 

1 

5  and  10  cent  stores,  2d 

1918 

class  cities 

69 

3 

36 

22 

5 

3 

(Compiled) 


(Pages  19,  30,  31,  33.) 


*  See  Order  No.  7,  March  14,  1918,  for  additional  rates  for  learners. 
**  See  Order  No.  6,  January  16,  1918,  for  additional  rates  for  learners  and  minors. 


Minimmn  Wage  Study.     Ohio  Council  on  Women  and 
Children  in  Industry.     1920. 

Linna  Bresette,   Secretary  Kansas  Industrial  Welfare 

Commission : 

Our  latest  wage  decree  was  a  factory  order,  establish- 
ing an  8  hour  basic  day  and  an  $11  minimum  wage.  It  is 
being  fought  by  one  of  the  employers  in  the  State,  with 
the  backing  of  the  Associated  Industries.  We  have  tem- 
porarily been  injoined  from  enforcing  this  order,  and 
therefore  can  do  very  little  with  that  order  until  such 
time  as  the  Court  renders  a  decision. 

The  working  women  have  been  very  appreciative  of 
this  legislation.  While  the  minimum  wage  set  in  Kansas 
is  very  low,  it  is  surprising  the  amount  of  good  which  has 
been  accomplished  among  the  women  workers.  (Pages 
26-27.) 


33 
Massachusetts. 
(1)     Minimum  Wage  Orders.     [Summarized.]       ^ 

No.  6.    Men's  Furnishings.     Eftective  February  1, 

1918.  Experienced  females,  $9.  Learners:  from  6tli- 
26th  week  at  $7,  26th-52nd  week  at  $8. 

[Eeconvened  board  to  revise  rates  now  in  session.] 

No.  7.  Muslin  Underwear,  Petticoat,  Apron,  Kimono, 
Women's  Neckwear  and  iChildren's  Clothing.  Effective 
August  1,  1918.  Experienced  adult  females,  $9.  Learn- 
ers, 13  weeks  at  $6,  13  weeks  at  $7,  26  weeks  at  $8.  Min- 
ors, $6. 

No.  8.  Retail  Millinery.  Effective  August  1,  1918. 
Experienced  workers  (over  19)  $10.    Learners  less  than 

1  season  (12  weeks)  at  $3,  after  1  season  at  $4.50,  after 

2  seasons  at  $6,  after  3  seasons  at  $7.50.  Minors,  less 
than  1  season  $3,  after  1  season  $4.50. 

No.  9.     Wholesale  Millinery.     Effective  January  1, 

1919.  Experienced  females  (over  18),  $11.  Learners 
and  minors  less  than  21  weeks'  experience  at  $6,  after 
21  weeks  at  $7,  after  42  weeks  at  $8,  after  63rd  week 
until  84th  week  at  $9. 

No.  10.  Office  and  Buildi/ng  Cleaners.  Effective 
April  1,  1919.  All  females:  30^  per  hour,  between  7 
P.  M.  and  8  A.  M. ;  26^  per  hour  between  8  A.  M.  and 
7  P.  M. 

[Eeconvened  board  recommended  to  the  Minimum 
Wage  Division  on  December  11,  1920,  $15.40  for  a  full 
time  week  of  from  42  to  48  hours,  or  37^  an  hour.] 

No.  11.  Candy.  Effective  January  1,  1920.  Expe- 
rienced females,  $12.50.  Learners,  67  weeks  within  a 
period  of  78  weeks,  at  $8. 

No.  12.  Cmming  and  Preserving.  Effective  Sep- 
tember 1,  1919.  Experienced  females  (over  18),  $11. 
Learners,  40  weeks  at  $8.50.    Minors,  $8.50. 


34 

No.  13.  Corsets.  Effective  March  1,  1920.  Expe- 
rienced females  (over  17),  $13.  Learners,  1  year  at  $10. 
Minors  (under  17),  $8. 

No.  14.  Men's  Clothing  and  Raincoat.  Effective 
February  1,  1920.  Experienced  females,  $15.  Learners, 
3  months  at  $7,  9  months  at  $10. 

No.  15.  Knit  Goods  (except  staple  lines  of  hosiery 
and  underwear).  Effective  July  1,  1920.  Experienced 
females,  $13.75.    Learners,  40  weeks  at  $8.50. 

No.  16.  Women's  Clothing.  Effective  July  1,  1920. 
Experienced  females  (over  18),  $15.25.  Adult  learners, 
1%  years  (a  year  to  be  not  less  than  35  weeks),  at  $12. 
Minors  at  $10. 

No.  17.  Paper  Box.  Effective  July  1,  1920.  Expe- 
rienced females,  $15.50.  Learners,  over  16  years,  9 
months  at  $11;  under  16  years,  9  months  at  $9. 


35 


(2)    Wage  Investigations  and  Minimum  Wages  Decreed. 

Bulletins  of  the  Massachusetts  Minimum  Wage  Commis- 
sion, Dec,  1916,  to  May,  1918. 


WFFK!  Y  EARNINGS  OF  WOMEN 

No. 
Investi- 
gated 

Per  cent,  of  Women  Earning  (Cumulative)— 

Official  Minimum 
Wages  Based 
on  Minimum 

Industries 

Under 
$4 

Under 
$5 

Under 
$6 

Under 
$7 

Under 
$8 

Under 
$9 

$9  and 
Over 

Cost  of  Living 
and  Financial 
Condition  of 
the  Industry* 

Men's  Clothing. 

1,132 

626 

2,658 

2,481 

859 

9.7 
8.1 
11.2 
15.0 

3.7 

23.1 
18.8 
23.9 
29.1 

19.7 

42.8 
36.6 
37.7 
48.2 

20.6 

62.1 
52.4 
56.1 
65.6 

27.9 

78.1 
65.0 
71.9 
80.2 

78.1 

86.3 
79.9 
84.2 
89.1 

94.4 

13.7 

20.1 

15.8 

.10.9 

6.6 

|$9.00  Jan.,  1918 

Raincoat      

Men's  furnishing  goods  — 

Muslin  underwear,  etc 

Office  and  other  building 

$9.00  Feb.,  1918 
$9.00  Aug.,  1918 
30c.an  hour  at  night 
26c.    an   hour   by 

day,  Apr.,  1919 

(Compiled)  (Bulletins  No.  13,  pp.  28,  29,  51  and  52;  No.  14,  p.  22;  No.  15,  p.  33;  No.  16,  p.  13) 

*  See  Decrees.  No.  5,  Aug.  31,  1917;  No.  6,  Oct.  26,  1917;  No.  7,  July  1,  1918,  for  additional  rates  for 
earners  and  minors. 


Massachn.'-'etts  Minimum  Wage  Commission.  Bulletin 
No.  20.  Report  on  the  Wages  of  Women  in  the 
Millinery  Industry.    May,  1919. 


WEEKLY  EARNINGS  OF  WOMEN 

Official 

No. 
Inves- 
tigated 

Per  cent,  of  Women  Earning  (Cumulative)— 

Minimum 

Wages 
Based  on 

Industries 

Un- 
der 
$3 

Un- 
der 
$4 

Un- 
der 
$5 

Un- 
der 
$6 

Un- 
der 
$7 

Un- 
der 
$8 

Un- 
der 
$9 

Un- 
der 
$10 

Un- 
der 
$11 

Un- 
der 
$12 

Un- 
der 
$13 

Un- 
der 
$14 

Un- 
der 
$15 

$15 

and 
over 

Cost  of 
Living  and 
Financial 
Condition 

of  the 
Industry* 

Retail  Milli- 
nery  

351 

6.8 

11.7 

20.2 

24.8 

03.5 

39.0 

55.8 

67.8 

78.1 

84.0 

86.3 

88.0 

89.5 

10.5 

$10.00 
Aug.  1918 

Straw  Hats  . 
Flowers  and 

feathers. . . 
Wholesale 

Millinery . 

938 
182 
393 

.5 
8.8 
1.0 

2.1 
26.4 
4.8 

5.3 
47.3 
10.2 

11.8 
62.1 
23.4 

20.4 
77.5 
34.4 

28.9 
84.1 
46.8 

36.7 
89.0 
61.1 

45.9 
95.1 
72.0 

56.2 
97.3 
78.1 

61.6 
99.5 
34.5 

72.7 
99.5 
90.1 

80.6 
100.0 
94.6 

8G.7 
100.0 
96.7 

13.3 
3.3 

$11.00 
Jan. 1919 

(Compiled)  (Pages  35,  36,  37) 

*  See  Decrees  No.  8,  July  1,  1918;  and  No.  9,  Nov.  30,  1918.,  for  additional  rates  for  learners  and  minors. 


36 

Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  19.  Wages  of  Women  Em'ployed  in  Canning 
and  Preserving  Establishments  in  Massachusetts, 
March,  1919.  Bulletin  No.  18.  Supplementary 
Report  on  the  Wages  of  Women  in  Candy  Fac- 
tories in  Massachusetts,  JanAiary,  1919. 


WEEKLY  EARNINGS  OF  WOMEN 

No. 
Inves- 
tigated 

Percent,  of  Women  Earning  (Cumulative)— 

Official  Minimum 
Wages  Based  on 

Industries 

Un- 
der 
$4 

Un- 
der 
$5 

Un- 
der 
$6 

Un- 
der 
$7 

Un- 
der 
$8 

Un- 
der 
$9 

Un- 
der 
$10 

Un- 
der 
$11 

Un- 
der 
$12 

$12 

and 
over 

Minimum  Cosl  of 

Living  and  Finan' 

cial  Condition 

of  the  Industry* 

Canning  and  Pre- 
serving  

660 
1,071 

8.8 
2.1 

16.1 
6.6 

28.5 
17.6 

47.6 
31.1 

69.7 
45.1 

89.2 
62.8 

96.8 
76.7 

3.2** 

$11.00  Sept.1,1919 

Candy 

85.1 

91.3 

8.7 

$12.50  Jan.  1,1920 

(Compiled) 


(Bulletin  18,  p.  25;  Bulletin  19,  p.  25) 


'  See  Decrees  No.  11,  July  19, 1919;  and  No  12,  July  21, 1919,  for  additional  rates  for  learners  and  minora 
'*  Earned  $10  and  over. 


Massachu\setts  Minimum   Wage   Commission,   January, 
1920.    Seventh  Annual  Report,  1919. 

WEEKLY  EARNINGS  OF  WOMEN 


No 

Inves- 
tigated 

Per  cent,  of  Women  Earning  (Cumulative)— 

Official  Minimum 
Wage  Based  on 

Industries 

Un- 
der 

Un- 
der 
$5 

Un- 
der 
$7 

Un- 
der 
$8 

Un- 
der 
$9 

Un- 
der 
$10 

Un 
der 
$11 

-Un- 
der 
$12 

Un- 
der 
$13 

Un 
der 
$14 

Un- 
der 
$15 

$15 

and 
over 

Miiiimasn  Cost 
of  Living  and 
Condition  of 
the  Industry* 

Corsets 

1,361 

1,054 

344 

525 

5.4 
5.3 
3.8 

3.7 

10.4 
8.5 
8.1 

9.2 

16.9 
15.7 
15.7 

16.0 

27.6 
26.9 
25.0 

25.6 

36.8 
39.0 
35.8 

40.4 

47.6 
48.5 
45.3 

50.1 

57.5 
59.4 
57.6 

62.6 

67.1 
68.2 
67.2 

72.9 

76.0 

83  3 

89.6 
89.3 
90.1 

92.7 

10.4 
10.7 
9.9 

7.3 

$13.00  Mar.1,1920 

Paper  box 

Knit  goods 

Minor  Confection- 
ery products  and 
food  preparations 

77.2183.3 
76.7185.8 

82.5  90.3 

$15.50  July  1,1920 
$13.75  July  1,1920 

(Wags    Board    in 
session) 

(Computed  from  pages  17,  21,  24,  and  30) 

*  See  Decrees  No.  13,  No  15,  March  13,  1920;  No.  17,  May  26,  1920,  for  additional  rates  for  learners  and 
minors. 


37 

(2)     Reinvestigations   for   Compliance  with  Minimum 

Decreed.  — 

Fifth  Annual  Report  of  the  Minimum  Wage  Commis- 
sion of  Massachusetts.    December  31,  1917. 

Women's  Clothing  Industry.  On  Feb.  1,  1917,  a 
decree  went  into  effect  establishing  a  minimum  stand- 
ard of  wages  for  women  and  girls  [$8.75  for  experienced 
workers]  employed  in  the  manufacture  of  women's 
cloaks,  suits,  skirts,  dresses  and  waists.  Shortly  after 
the  decree  went  into  effect  the  Commission  commenced 
an  inspection  of  the  pay  rolls  of  all  concerns  in  the  State 
known  to  be  engaged  in  the  manufacture  of  the  articles 
of  women's  clothing  specified  in  the  decree,  both  for  the 
wholesale  and  the  custom  trade.  The  results  of  this 
investigation  showed  that  the  great  majority  of  the 
establishments  investigated  in  which  women  were  found 
to  be  employed  were  paying  their  workers  in  accordance 
with  the  recommendations  of  the  Commission.  Com- 
plete compliance  was  found  in  almost  all  of  the  clothing 
factories  and  custom  tailoring  shops,  but  in  only  about 
half  of  the  custom  dressmaking  establishments.  The 
following  table,  presenting  information  for  27  clothing 
factories  for  which  comparative  data  were  available, 
shows  that  since  the  time  of  the  Commission's  first  in- 
vestigation in  1915,  the  proportion  of  women  in  this 
industry  receiving  $9  or  over  has  increased  from  42.5 
per  cent,  to  73.2  per  cent,  in  Boston,  and  from  10.9  per 
cent,  to  57.0  per  cent,  in  out  of  town  concerns.  (Pages 
36-37.) 


38 


Rates  of  Payment  for  Week  Workers  in  Twenty-seven  Women's 

1915  and  1917. 

Clothing  Factories, 

Number  and  Per  cent  of  Women  with  Rates  of— 

Locality  and 
Year 

Under 
$4 

$4  and 
under  $5 

$5  and 
under  $6 

$6  and 
under  $7 

$7  and 
under  $8 

$8  and 
under  $9 

$9  and 
under  $10 

$10  and 

over 

Total 

No. 

Per 

cent. 

No. 

Per 

cent 

No. 

Per 

cent 

No. 

Per 

cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent. 

No. 

Per 
cent 

Establish- 
ments in  Bos- 
ton:— 

1915 

1917 

1 

.3 

6 

2.1 

22 

1 

30 
5 

7.5 
.3 

21.8 
5.8 

35 
13 

24 
6 

12.0 
3.8 

17.4 
7.0 

55 
29 

13 
12 

18.8 
8.5 

9.4 
13.9 

49 
48 

10 
11 

16.8 
14.1 

7.3 
12.8 

54 

72 

9 
22 

18.5 
21.2 

6.5 
25.6 

70 

177 

6 

27 

24.0 
52.1 

4.3 
31.4 

292 
340 

138 

86 

100 
100 

Establish- 
ments outside 
of  Boston:— 

1915 

1917  . 

17 

12.3 

29 
3 

21.0 
3.5 

100 
100 

1 

(Page  38) 


Sixth  Annual  Report  of  the  Mininmm  Wage  Commis- 
sion of  Massachusetts.    November  30 ^  1918. 

Women^s  Clothing  Industry.  The  wage  decree  for 
women  and  girls  employed  in  women  *s  clothing  factories 
in  Massachusetts  went  into  effect  Feb.  1,  1917,  and  pro- 
vided a  minimum  rate  of  $8.75  a  week  for  experienced 
employees,  and  rates  of  $6  and  $7  weekly  for  learners 
and  apprentices.  An  inspection  of  the  pay  rolls  of  estab- 
lishments covered  by  the  decree  was  conducted  by  the 
Commission  in  the  spring  of  1917.  A  second  inspection 
was  started  in  November,  1917,  and  completed  in  1918. 
Visits  were  made  in  1918  to  3'2  establishments,  mostly 
dressmaking  and  women's  custom  tailoring  shops.  Full 
compliance  with  the  decree  was  found  in  30  of  these 
establishments  employing  99  women  and  girls.  In  only 
2  establishments  was  there  failure  to  comply  with  the 
recommendations  of  the  Commission.  Out  of  the  entire 
number  of  women  for  whom  a  week's  wage  record  was 
secured,  only  15,  or  8.4  per  cent.,  were  receiving  less  than 
the  minimum  wage  fixed  for  the  occupation.  Wage  ad- 
justments were  made  for  5  employees  who  at  the  time 
of  the  inspection  were  receiying  less  than  the  minimum 


39 

required,  and  one  special  license  was  granted  in  accord- 
ance with  the  provision  of  section  9  of  the  Acts  of  1912^ 
as  amended. 

Men's  Clothing  and  Men's  Furnishings  Industry, 
Two  wage  decrees  went  into  effect  in  the  winter  of  1918. 
These  were  the  Men's  Clothing  and  Raincoat  Decree, 
which  became  operative  Jan.  1,  1918,  and  the  Men's 
Furnishings  Decree,  so  called,  which  became  oper- 
ative Feb.  1,  1918.  The  first-mentioned  decree  fixes  a 
minimum  wage  rate  of  $9  a  week  for  experienced  female 
employees  over  eighteen  years  of  age,  and  a  rate  of  $7 
weekly  for  learners  and  apprentices.  The  second  decree 
provides  a  $9  weekly  minimum  for  experienced  women, 
and  rates  of  $7  and  $8  for  less  experienced  workers. 

Inspection  of  the  pay  rolls  of  establishments  manu- 
facturing men's  outer  garments  to  determine  compli- 
ance with  the  recommendations  of  the  Commission  was 
started  shortly  after  the  decree  went  into  effect.  Agents 
of  the  Commission  visited  99  establishments,  and  a  tran- 
script was  made  of  a  week's  pay-roll  record  for  1,693 
female  employees  in  these  factories.  Full  compliance 
with  the  provisions  of  the  decree  was  found  in  88  firms 
employing  946  women  and  girls.  Only  19  cases  of  vio- 
lation of  the  decrees  were  found.  These  were  in  11 
firms  and  represent  1.1  per  cent,  of  the  total  number 
of  women  for  whom  wage  data  were  secured.  In  two  of 
these  cases  adjustments  were  made  to  bring  the  wage  up 
to  the  required  minimum.  In  13  cases  special  licenses 
were  granted.     (Pages  28-29.) 

Inspection  of  the  pay  rolls  in  factories  and  shops 
engaged  in  manufacturing  workingmen's  garments, 
men's  furnishings  and  other  articles  specified  in  the 
Men's  Furnishings  Decree,  was  started  in  February, 
1918.  A  transcript  of  a  week's  pay  roll  was  made  in  39 
establishments.  Full  compliance  with  the  recommenda- 
tions of  the  Commission  was  found  in  22  of  these.  In 
17  firms  there  were  39  cases  of  violations.  Of  these, 
11  were  adjusted  by  raising  the  wage  of  the  employees 
in  question  to  the  minimum.  In  2  cases  special  licenses 
were  granted,   authorizing  the   employment   of  women 


40 

physically  defective  at  a  wage  less  than  the  minimum 
fixed  for  the  occu.pation.     (Page  30.) 

MuMin  Underwear  Industry.  One  hundred  per  cent. 
compliance  was  found  in  54  of  the  muslin  underwear 
firms.  In  15  establishments  there  were  31  cases  where 
the  rates  fell  below  the  minimum.  Of  these,  17  were 
adjusted  by  raising  the  wages.  Of  the  millinery  shops 
visited,  58  were  complying  with  the  decree.     (Page  33.) 

Comparison  of  wage  rates  at  the  time  of  reinspec- 
tions  with  the  rates  for  the  same  firms  at  the  time  of  the 
original  investigation  has  generally  shown  a  material 
advance.  While  other  factors  have  contributed  to  wage 
increases,  the  evidence  at  hand  indicates  that  compli- 
ance with  the  Commission's  decrees  has  had  a  definite 
influence.     (Page  35.) 


Seventh  Annual  Report  of  the  Minimum  Wage  Commis- 
sion of  Massachusetts.    November  30,  1919. 

Increase  in  Earnings. 

Practically  the  only  way  of  estimating  wage  increases 
in  an  occupation  resulting  from  a  decree  is  through  a 
comparison  of  wage  conditions  prior  to  the  establish- 
ment of  a  wage  board  with  that  found  by  the  inspection 
following  the  date  the  determinations  become  effective. 
In  drawing  such  comparison,  however,  allowance  must 
be  made  for  other  factors  that  may  have  entered  into 
the  wage  increase.  This  is  particularly  true  when  con- 
siderable time  has  elapsed  between  the  two  investiga- 
tions, and  where  there  have  been  abnormal  fluctuations 
in  wage  rates.  For  this  reason,  such  comparisons  dur- 
ing the  period  of  the  war  are  unsatisfactory. 

From  the  evidence  at  hand,  however,  it  would  ap- 
pear that  the  decrees  have  resulted  in  advanced  rates 
for  a  considerable  number  of  women  and  girls  in  the 
occupations  affected.     (Page  55.) 

So  far  as  determining  compliance  with  wage  recom- 


41 

mendations,  inspections  under  the  early  decrees  are  of 
little  value.    In  the  case  of  decrees  recently  entered,  the- 
inspections    have    a   definite    relation   to    enforcement. 
(Page  54.) 

Retail  Millmery  Industry,  A  comparison  of  the  rates 
in  effect  at  the  time  of  the  inspection  with  those  of  1916, 
the  date  of  the  investigation  preceding  the  establish- 
ment of  the  wage  board,  is  shown  in  the  table  following. 
This  gives  82.0  per  cent  of  women  and  girls  with  weekly 
rates  of  $10  and  over  in  1918-19,  as  compared  with  45.6 
per  cent  in  1916.     (Page  47.) 

Wholesale  Millinery  Industry,  Weekly  rates  for 
women  employed  in  wholesale  millinery  establishments 
and  on  those  processes  in  straw  hat  factories  coming 
within  the  scope  of  the  decree  are  shown  in  the  follow- 
ing table.  This  compares  the  wage  situation  found  in 
1916,  the  period  covered  by  the  first  investigation,  with 
that  in  effect  in  1919.  As  the  supplementary  investiga- 
tion made  by  the  Commission  in  the  summer  of  1918 
showed  little  improvement  in  w^es,  a  considerable  part 
of  the  increase  indicated  by  the  figures  presented  may 
be  ascribed  to  the  effect  of  the  decree.    (Page  49.) 

At  the  time  of  the  first  investigation,  only  one-twen- 
tieth of  the  859  women  for  whom  wage  records  were 
available  had  rates  of  $9  a  week  or  more.  The  inspec- 
tion showed  that  nearly  three-fourths  of  the  1,274  women 
for  whom  information  was  secured  had  rates  of  $9  or 
over.  On  the  average,  rates  have  advanced  about  $2  a 
week  since  the  previous  investigation.  Although  part  of 
this  increase  was  due  to  a  rather  general  raise  in  rates 
in  the  spring  of  1918,  a  considerable  part  is  unquestion- 
ably due  to  the  minimum  wage  decree.    (Page  52.) 

Canning  and  Preserving  Industry,  A  comparison  of 
the  rates  in  the  same  group  of  establishments*  included 
in  the  original  investigation  (1917-18)  and  in  the  inspec- 
tion in  the  fall  of  1919  shows  a  striking  change  in  the 

*The  figures  are  strictly  comparable,  as  only  those  firms  have  been  Included 
which  were  investigated  and  had  time-rate  workers  in  each  year.     (Page  63.) 


42 


wage  situation.  The  increase  is  particularly  noticeable 
in  the  fish-canning  firms.  In  1917-18  only  5.9  per  cent  of 
the  women  in  the  two  branches  had  rates  of  $10  or  over. 
In  1919  this  percentage  had  increased  to  84  per  cent.  A 
considerable  part  of  this  increase  was  unquestionably 
due  to  the  decree. 

PERCENT     OF     WOMEN     EARNING     THE     MINIMUM     WAGE     DBCREEB 
SHOWN    BY    INSPECTIONS    BEFORE    AND    AFTER    THE    DECREE 
BECAME  EFFECTIVE  AND  THE  RELATION  OF  THE  MINI- 
MUM   WAGE    TO    THE    COST    OF    LIVING    ON    JANU- 
ARY   1,    1920. 


Dat« 
Decree 
Effective 

Wage 
Decreed 

Per  cent.  Receiving  Before  and  After 
the  Decree,  the  Wage  Decreed  and  Over 

Cost  of  Living 

Kind  of  Work 

Adopted 

by 

Wage 

Board 

Estimated 
Increase 

Covered 

Year 

Percent. 

Year 

Per  cent. 

from  Date 
of  Decrees 

to 
Jan.  1,1920 

Retail  Millinery 
Workrooms 

Wholesale    milli- 
nery  establish'ts 

Straw    hat   estab- 
lishments  

Office    and    other 
building  cleaners 
occupation 

Aug.  1,  1918 
Jan.  1,1919 
Jan.  1, 1919 

Apr.  1,  1919 

$10 
$11 
$11 

30c  an  hour 

by  night 
20c  by  day 

1916 
1916 
1916 

46 
11 
29 

1919 
1919 
1919 

82 
81 
71 

$11.64 
$12.50 
$12.50 

25 
11 
11 

1916-17 

5* 

1919 

76* 

$11.54 

8 

Fish  canning  occu- 
pation   

Sept"  1,1919 

$11 

1917-18 

6** 

1919 

84** 

$11 

8 

Received  $9.00  or  over.    *♦  Received  $10  or  over.    (Compiled  from  Pages  48,  50,  52,  53,  77,  78,  81,  82.) 


Compliance  with  Decrees. 

Very  few  cases  of  non-compliance  were  found  in  any 
of  the  inspections,  and  all  of  these  have  been  adjusted. 
(Page  12.) 

Inspections  to  ascertain  compliance  with  the  decrees 
have  been  made  in  every  occupation  in  which  wage 
determinations  are  in  effect.  Results  of  these  inspec- 
tions show  substantially  full  compliance  with  the  recom- 
mendations of  the  Commission.  They  also  indicate  that 
a  considerable  proportion  of  the  women  and  girls  in  the 
occupations  covered  have  received  increased  wages  in 
consequence  of  the  decrees.     (Page  12.) 


43 


TABULAR   SUMMARY   OF    REINSPECTIONS   FOR   1919. 


Men's 

Can- 

Laun- 

Retail 

Wo- 

Cloth- 

Men's 

Muslin 

Retail 

Whole- 

Office 

ning 

Brush 

dries 

Stores 

men's 

ingand 

Furn- 

Under- 

Milli- 

sale 

Build- 

and 

Total 

Cloth- 

rain- 

ishings 

wear 

nery 

Milli- 

ings 

Pre- 

ing 

coat 

nery 

serving 

Number  of  records 

secured 

689 

2.441 

12,618 

464 

1.195 

2,307 

1,695 

562 

841 

1,353 

650 

24,815 

Number  of  firms 

visited 

24 

120 

216 

22 

79 

48 

77 

174 

28 

207 

35 

1,030 

Number  with  full 

compliance 

23 

109 

200 

20 

78 

34 

59 

161 

22 

200 

31 

937 

Number  of  cases 

of  apparent  non- 

compliance  

2 

16 

29 

8 

1 

25 

39 

14 

10 

42 

10 

196 

Number  of  these 

of  special  license 

type 

.... 

6 

6 

16 

11 

2 

1 

42 

Cases     remaining 

for  settlement.. 

2 

10 

29 

2 

1 

9 

28 

14 

8 

42 

9 

154 

Settled  by  employ- 

ers'adjustment' 

1 

9 

27 

2 

1 

7 

18 

8 

6 

42 

9 

130 

Left    employ   of 

firm* 

1 

1 

"2 

2 

10 

6 

2 

22 

Cases  dropped*. . 

2 

1  In  2  cases  adjustment  was  made  by  changing  the  basis  of  payment,  and  in  3  cases  the  minimum  was  being 
paid  at  the  time  of  the  second  inspection.  In  one  case  wages  were  raised,  and  two  weeks  later  the  employee  was 
discharged.    In  all  of  the  other  cases  wages  were  raised  by  the  employer  to  meet  the  provisions  of  the  decree. 

2  Includes  3  cases  where  the  employee  was  discharged. 

^  The  reason  for  dropping  these  cases  was  because  the  firm  in  which  they  occurred  was  apparently  on  the 
verge  of  bankruptcy. 

(Page  64) 


44 

Minnesota. 

(1)     Minimum  Wage  Orders.     [Summarized.] 

No.  12.  Ant/  Occupation.  Effective  January  1,  1921. 
Experienced  females.  In  places  with  a  population  of 
5000  or  more,  $12  per  week  or  from  36  to  48  hours  and 
25^  per  hour  in  excess  of  48  hours.  In  other  places, 
$10.25  per  week  and  21%^  per  hour  in  excess  of  48  hours. 

Learners  (over  18) :  in  places  with  a  population  of 
5000  or  more,  3  months  at  $9.12  per  week  of  from  36  to 
48  hours  and  19^  per  hour  in  excess  of  48  hours,  3  months 
at  $10.56  and  22^  per  additional  hour;  in  other  places, 
3  months  at  $7.68  and  16^  per  additional  hour,  3  months 
at  $9.12  and  19^  per  additional  hour.  Learners  (under 
18) :  in  places  with  a  population  of  5000  or  more,  3 
months  at  $7.68  and  16^  per  additional  hour,  3  months  at 
$9.12  and  19^,  3  months  at  $10.56  and  22^;  in  other 
places,  3  months  at  $6.48  and  13%^  per  additional  hour, 
3  months  at  $7.68  and  16^,  3  months  at  $9.12  and  19^. 

Telephone  Operators  customarily  on  duty  between  6 
P.  M.  and  8  A.  M.,  and  permitted  to  sleep  while  on  duty, 
shall  be  con^strued  to  have  worked  the  equivalent  of  8 
hours. 

Deductions  permitted  in  places  with  a  population  of 
5000  or  more,  for  room  and  board  furnished,  $7,  for 
meals,  22%^  each;  in  other  places,  for  room  and  board, 
$6.25,  for  meals  21ff  each. 


(2)    Wage  Investigations. 
[No  reports  of  investigations  have  been  printed. 


45 

(3)     Explanatory  Statements. 

U.  8.  Department  of  Labor.    Bureau  of  Labor  Statistics.' 
Monthly  Labor  Review.    Volume  IX.   No.  3.    ^p- 
t  ember,  1919. 

The  Minnesota  minimum  wage  commission  issued  six 
orders  in  1914,  establishing  the  minimum  wage  for  women 
in  any  mercantile,  office,  waitress,  or  hairdressing  occu- 
pation at  $9  a  week  in  cities  of  the  first  class,  $8.50  in 
cities  of  the  second,  third,  and  fourth  classes,  and  $8 
elsewhere,  while  for  women  employed  in  * '  any  manufac- 
turing, mechanical,  telephone,  telegraph,  laundry,  dry- 
cleaning,  lunch-room,  restaurant,  or  hotel  occupation,'' 
the  minimum  wage  should  be  $8.75,  $8.25,  and  $8  a  week, 
according  to  the  class  of  the  city  in  which  the  occupation 
was  carried  on.  While  these  orders  are  rather  inclusive 
in  their  scope,  they  still  recognize  a  difference  in  the  nec- 
essary cost  of  living  for  women  in  different  occupations, 
taking  it  for  granted,  for  instance,  that  a  saleswoman  in 
a  retail  store  may  have  to  meet  expenses  which  are  not 
necessary  for  a  laundry  employee. 

Before  these  orders  could  be  carried  into  effect  the 
constitutionality  of  the  law  was  attacked,  and  the  com- 
mission suspended  its  activities  until  the  legal  question 
should  be  settled.  The  decision  of  the  supreme  court, 
upholding  the  law,  was  not  given  until  December  21, 1917, 
so  that  there  was  an  interregnum  of  about  three  and  a 
half  years  in  the  work  of  the  commission,  and  the  orders 
issued  since  that  period  have  been  based  on  the  idea  of 
a  minimum  varying  according  to  the  size  of  the  commun- 
ity in  which  a  worker  lives,  but  not  according  to  her  occn- 
pation.  Two  orders  were  issued  in  June,  1918,  dealing 
with  the  rates  to  be  paid  apprentices  and  learners,  which 
applied  to  all  occupations  without  distinction.  (Pages 
251-252.) 

U.  8.  Department  of  Labor.  Bureau  of  Labor  Statistics. 
Monthly  Labor  Review.  Volume  XI,  No.  1.  July, 
1920. 

On  July  5,  1919,  the  Minimum  Wage  Commission  of 


46 

Minnesota  issued  two  orders,  Nos.  10  and  11.  These 
relate  to  ^ '  women  and  minors  of  ordinary  ability  in  any 
occupation, ' '  No.  11  governing  the  employment  of  learn- 
ers and  apprentices. 

In  the  rates  fixed  a  basis  was  adopted  of  a  weekly 
amount  payable  for  work  not  to  exceed  48  hours  per 
week,  different  rates  being  fixed  for  cities  having  a  pop- 
ulation of  5,000  or  more,  and  for  places  of  smaller  popu- 
lation. The  higher  rate  named  was  $11  per  week,  work 
in  excess  of  8  hours  to  be  paid  for  at  the  rate  of  23  cents 
for  each  additional  hour  worked.  The  lower  rate  was 
$10.25  per  week,  plus  211/2  cents  for  each  hour  above  48. 

A  State  law  established  a  10-hour  maximum  workday 
and  58-hour  week  for  women  in  mercantile  establish- 
ments, etc.,  and  a  9-hour  workday  and  a  54-hour  week 
for  women  employed  in  mechanical  or  manufacturing 
establishments,  or  in  telephone  or  telegraph  establish- 
ments in  cities  of  the  first  and  second  classes.  The  law 
creating  the  minimum  wage  commission  gave  it  no  author- 
ity to  hx  the  hours  of  labor,  but  the  commission  found 
^'that  the  number  of  hours  per  week  which  a  person  is 
customarily  employed  in  the  performance  of  work  for  her 
or  his  employer  has  a  direct  and  substantial  bearing  on 
the  minimum  amount  which  said  person  needs  and  re- 
quires as  a  living  wage,  in  that  a  person  whose  time  and 
energy  are  not  substantially  consumed  in  the  doing  of 
the  work  for  which  she  or  he  is  employed  may  and  can 
do  for  herself  or  himself  many  things  which  would  and 
do  reduce  the  money  cost  of  living  of  such  persons.'' 
The  contention  was  made  by  certain  employers  that  the 
commission  had  exceeded  its  powers  in  fixing  the  hours 
of  labor,  as  well  as  in  other  provisions  of  the  order,  and 
a  temporary  injunction  was  granted  against  the  commis- 
sion to  restrain  it  from  enforcing  the  orders.  The  com- 
mission thereupon  appealed  and  secured  a  reversal  of 
the  injunctive  order,  leaving  the  commission  free  to  carry 
out  its  orders  as  made  (G.  O.  Miller  Telephone  Co.  v. 
]\Iinimum  Wage  Commission,  177  N.  W.  341). 

The  court  admitted  that  the  commission  has  no  power 
to  ^x  the  hours  of  labor  and  held  that  it  did  not  attempt 


47 

to  do  so.  What  it  did  was  to  take  ^^48  hours  a  week  as 
the  basic  period  of  labor  upon  which  to  compute  a  mini- 
mum wage.  ^ '  The  point  that  there  was  a  relation  between 
the  hours  of  daily  work  and  the  cost  of  living  was  upheld 
as  g>  finding  of  the  commission  which  could  not  be  re- 
garded as  ^'fanciful.'' 

The  distinction  between  localities  of  larger  and 
smaller  sizes  was  contemplated  by  the  act,  and  the  line 
drawn  by  the  commission  could  not  be  condemned  as 
arbitrary  classification;  neither  does  the  fact  that  the 
same  rate  is  fixed  for  women  as  for  minors  invalidate 
the  order  unless  it  appears  that  the  minimum  for  one  or 
the  other  class  is  too  high. 

Every  contention  of  the  opponents  of  the  orders  was 
decided  adversely  to  them,  the  constitutionality  of  the 
act  having  been  previously  upheld  (Williams  v,  Evans, 
139  Minn.  32, 165  N.  W.  495, 166  N.  W.  504).  The  present 
opinion  establishes  the  power  and  status  of  the  commis- 
sion, and  would  seem  to  remove  all  doubt  as  to  the  valid- 
ity of  method  and  legal  status.    (Pages  132-133.) 


Minimum  Wage  Study.     Ohio  Council  on  Women  and 
Children  in  Industry.    1920. 

Eliza  P.  Evans,  Secretarj^,  State  of  Minnesota  Minimum 
Wage  Commission: 

Our  $11  minimum  is  not  a  living  wage  but  because  of 
the  opposition  of  employers  and  because  of  court  action 
we  have  been  unable  to  take  the  situation  as  it  should  be 
taken  and  we  expect  to  take  up  the  cost  of  living  at  once, 
and  alter  our  wage  rate  to  correspond  with  the  increased 
cost  of  living. 

The  majority  of  women  workers  are  thoroughly  in 
sjTupathy  with  Minimum  Wage  legislation,  and  they  ap- 
preciate the  fact  that  their  wages  are  higher  than  they 
would  be  without  such  legislation.     (Page  27.) 


48 
North  Dakota. 
(1)     Minimum  Wage  Orders.     [Summarized.] 
All  orders  effective  August  16,  1920. 

No.  5.  Public  Househeeping.  Experienced  females : 
waitresses  and  counter  girls,  $17.50 ;  chamber  maids  and 
kitchen  help,  $16.70.  Learners :  waitresses  and  counter 
girls,  2  months  at  $14,  2  months  ar  $16;  chambermaids 
and  waitresses,  2  months  at  $13.20,  2  months  at  $15.20. 

Deductions  permitted  for  room  and  board  $9.50  a 
week,  for  room  only,  $2.50,  for  board  only,  $7.00,  and 
for  less  than  21  meals,  40^  allowed  each  employee  for 
each  meal  not  furnished. 

No.  6.  Personal  Service,  Experienced  females, 
$17.50.  Learners:  3  months  at  $13,  3  months  at  $14,  3 
months  at  $15,  3  months  at  $16. 

No.  7.  Offices.  Experienced  females,  $20.  Learn- 
ers :  3  months  at  $14,  3  months  at  $16,  3  months  at  $18. 

No.  8.  Mcmufacturing,  Experienced  females,  $16.50. 
Learners :  in  candy  and  biscuit  manufacturing,  6  weeks 
at  $12,  6  weeks  at  $15;  in  binding  or  job  press  feeding, 
3  months  at  $12,  3  months  at*  $13,  3  months  at  $14,  3 
months  at  $15. 

No.  9.  Laundry.  Experienced  females,  $16.50  or 
$16,  if  laundry  privileges  are  allowed.  Learners:  2 
months  at  $12,  2  months  at  $14. 

No.  10.  Student  Nurses.  For  first  year  at  $4  a 
month,  second  year  at  $6  a  month,  third  year  at  $8  a 
month,  exclusive  of  full  maintenance,  uniforms,  equip- 
ment for  work  (except  breakage)  and  necessary  laundry 
work. 

No.  11.  Mercantile.  Experienced  females,  $17.50. 
Learners:  3  months  at  $12,  3  months  at  $13,  3  months 
at  $14,  3  months  at  $15. 


49 

No.  12.  Telephone.  Experienced  females,  $16.50. 
Learners:  3  months  at  $12,  3  months  at  $14,  3  months 
at  $15. 

No.  3.  General  Regulations.  3. — Whenever  a  woman 
or  minor  is  employed  by  the  week  or  day  regularly  and 
is  available  for  work,  36  to  48  hours  shall  constitute  a 
full  week's  work  and  an  employe  is  eiititled  to  a  full 
week's  wages  for  same. 

4. — ^When  business  conditions  render  it  impracticable 
for  an  employer  to  furnish  an  employe  full  time  employ- 
ment, 30  to  35  hours  regular  employment  shall  be  paid 
at  the  rate  of  not  less  than  one  thirty-sixth  of  the  weekly 
minimum  wage  established  per  hour ;  provided,  that  such 
employer  shall  so  arrange  consecutive  hours  of  contin- 
uous employment  that  such  employe  may  have  a  fair  op- 
portunity for  securing  such  employment  as  will  enable 
her  to  earn  a  full  week's  wage. 

5. — When  business  conditions  render  it  impracticable 
for  an  employer  to  furnish  an  employe  full  time  employ- 
ment, employment  under  thirty  hours  per  week  shall  be 
paid  at  the  rate  of  not  less  than  one  forty-eighth  of  the 
weekly  minimum  wage  established  per  hour. 

No.  4.  Minors.  No  experienced  minor  in  any  occu- 
pation shall  be  paid  a  wage  lower  than  the  minimum 
wage  for  experienced  workers  in  such  occupation. 


50 

Oregon. 

(1)     Minimum  Wage  Orders.     [Summarized.] 

No.  36.  Special  Regulations.  Effective  June  12, 
1918. 

3. — When  business  conditions  render  it  impracticable 
for  an  employer  to  furnish  to  any  employe  full  time  em- 
ployment, the  employer  shall  not  be  required  to  pay  such 
employe  any  greater  sum  than  the  hourly  wage  for  the 
number  of  hours  of  actual  employment,  provided  such 
employer  shall  so  arrange  consecutive  hours  of  continu- 
ous employment  that  each  employe  may  have  a  fair  op- 
portunity for  securing  such  employment  as  will  enable 
her  to  earn  a  full  week^s  wage. 

Effective  October  14,  1919. 

Nos.  37-43,  45.  Mercantile,  Manufacturing,  Personal 
Service,  Laundry,  Telephone  and  Telegraph,  and  Public 
Housekeeping.  Experienced  females,  $13.20.  Learners 
(except  in  Mercantile  and  Telephone) :  4  months  at  $9, 
4  months  at  $10.50,  4  months  at  $12.  Learners  in  Mer- 
cantile, 1  m5nth  at  $9,  3  months  at  $10.50,  4  months  at 
$12.  Learners  in  Telephone :  3  months  at  $9,  3  months 
at  $10,  3  months  at  $11,  3  months  at  $12. 

Deductions  permitted  for  room  furnished,  $2  a  week, 
for  board,  $4.50  a  week  and  a  proportionate  amount  for 
less  than  a  week. 

No.  44.  Offices.  Experienced  females,  $60  a  month. 
Learners :  4  months  at  $9,  4  months  at  $10.50,  4  months 
at  $12. 

No.  46.  Mimors.  14  to  16  years,  $6;  15  to  16  years, 
$7.20;  16  to  18  years,  for  6  months  at  $8.50  and  for  each 
six  months  thereafter  at  an  increase  of  $1  a  week. 


51 

No.  47.  Packing,  Drying,  etc.  For  Packing,  Drying, 
Preserving,  or  Canning  any  Variety  of  Perishable  Fruit 
or  Vegetables. 

Piece  Rates. 

Minimum  Piece  Rates 
Occupation  and  Variety.  Per  100  lbs.  Per  40  lbs. 

Cutting  Apricots  38-i4^  15-3/10^ 

Cutting  Pears 67-%^  2b-UJ 

Cutting  Cling  Peaches  38-14^  15-3/10^ 

Cutting  Free  Peaches  21^  S-i/sf 

Cutting  Tomatoes  5-1/10^  per  12  quarts 

Peeling  Apples 4-i4^      per  40  lb.  box 

Quartering  Apples  15-3/10^  per  40  lb.  box 

Hulling  Strawberries  1-7/lOf^  per  pound 

Stemming  Cherries  2/5f^     per  pound 

Sorting  and  Stemming  Cherries         i/^^      per  pound 
Sorting  and   Stemming  String 

Beans   1-1/5^     per  pound 

Minimum 
Occupation  and  Variety  Size  of  Can  Piece  Rates 

per  dozen  cans 

Canning     Apricots,     Pears     and 

Peaches  No.  2-1/2  2-1/2^ 

Canning     Apricots,     Pears     and 

Peaches    No.  10  6-1/10^ 

Canning  Apples  No.  10  3^ 

Canning  Strawberries,  Loganber- 
ries, Blackberries,  Raspber- 
ries, and  Cherries  No.     2  1-7/10^ 

Canning  Strawberries,  Loganber- 
ries, Blackberries,  Raspber- 
ries and  Cherries No.     2-i/>  2-1/8^ 

Canning  Tomatoes  No.     2-yo  1-7/lOf^ 

Canning  Tomatoes  No.  10  4f^ 

A  uniform  basis   for  facing  Prunes   in 

25-lb.  boxes,  double  faced,  of 5-1/10^  per  box 


52 

Time  Rates. 

Class  Minimum  Time  Rate 

Experienced  workers 27-1/2  cents  per  hour 

Inexperienced  workers 22       cents  per  hour 

These  rates  apply  to  adults  and  minors  alike.  Period 
for  inexperienced  shall  be  limited  to  three  weeks. 

In  reference  to  females  employed  in  canneries  or 
driers  or  packing  plants,  see  following  extract  from 
Chapter  163,  Session  Laws  of  1917,  Section  5037 : 

<<*  *  *  females  employed  in  harvesting,  pack- 
ing, curing,  canning  or  drying  any  variety  of  perish- 
able fruit,  vegetable  or  fish ;  provided,  further,  that 
they  be  paid  time  and  a  half  for  time  over  ten  hours 
per  day  when  employed  in  canneries  or  driers  or 
packing  plants.  Provided,  also,  that  piece  workers 
shall  be  paid  one  and  a  half  the  regular  prices  for 
all  work  done  during  the  time  they  are  employed 
over  ten  hours  per  day.'' 

Notice:  According  to  a  ruling  of  the  attorney 
general,  the  term  ** regular  prices''  in  above  statute 
shall  be  construed  to  mean  the  rate  being  paid  to 
any  individual  worker  for  a  day's  work  of  ten  hours ; 
if  a  piece  worker,  it  shall  mean  the  rate  per  piece  or 
number  of  pieces,  paid  to  any  individual  worker 
during  any  period  of  ten  hours. 


(2)    Wage  Investigations. 
[No  reports  of  investigations  have  been  printed.] 


53 

Texas. 

(1)     Minimum  Wage  Orders.     [Summarized.] 

No.  1.  Telephone,  Telegraph,  Mercantile,  Laundries, 
Factories.  Effective  February  7,  1921.  Experienced 
females,  $12  and  25^  per  hour  in  excess  of  48  hours  per 
week.  Learners :  6  months  at  15^  per  hour,  6  months  at 
20^  per  hour. 

Deductions  Permitted  20^  per  meal  furnished. 

Commissions,  Bonuses  and  Tips  not  counted  as 
wa^es. 

Washington. 

(1)     Minimum  Wage  Orders.     [Summarized.] 

Nos.  18-19.  Any  Occupation,  Trade  or  Industry.  Ef- 
fective November  10,  1918,  for  the  period  of  the  war.  All 
females  (over  18),  $13.20  or  271/2  cents  per  hour.  Minors : 
$9  a  week  and  an  increase  of  $1  per  week  after  every  6 
months  of  service  until  $13.20  is  paid. 

Nos.  21-22.  Public  Housekeeping.  Effective  June  2, 
1920.  All  females  (over  18),  $18  per  week,  dr  $3  per  day 
or  371/2  cents  per  hour.  Minors :  4  months  at  $12  a  week 
and  an  increase  of  $1  a  week  after  every  4  months  until 
$18  is  paid.  Deductions  permitted,  for  a  sanitary  and 
properly  heated  room,  $2  per  week,  for  board  $1  per 
day  or  25  cents  for  breakfast,  35  cents  for  lunch  and  40 
cents  for  dinner. 

Nos.  14-15.  Telephone  Exchanges  having  150  to  300 
suhscrihers  or  300  to  500  subscribers.  All  females,  $35 
per  month ;  night  operator  $25 ;  relief  duty  for  less  than 
6  hours  'at  16  cents  an  hour. 

No.  20.  Telephone  Exchanges  having  less  tJmn  150 
subscribers.  Wage  contracts  are  to  be  made  subject  to 
the  approval  of  the  Industrial  Welfare  Commission.  The 
minimum  rate  for  substitute  operators,  16  cents  per  hour. 


54 

(2)    Reinvestigation   for    Compliance   with   Minimum 

Decreed. 

Second  Biennial  Report,  Washington  Industrial  Welfare 
'Commission,    1915-1916. 

For  the  purpose  of  obtaining  actual  facts  concerning 
the  effects  of  the  minimum  wage  law,  after  two  and  one- 
half  years  of  its  operation  the  commission  arranged  a 
survey.    (Page  100.) 

This  survey  includes  the  most  important  mercantile 
establishments  throughout  the  state.  Each  place  of  busi- 
ness was  visited  and  the  women  employed  by  the  firm 
interviewed.     (Pages  129-130.) 

The  following  summary  shows  (mercantile  industry) 
the  wages  of  all  females,  including  minors,  apprentices 
and  adults : 

No.  receiving  $6.00  and  less  per  week  292 

No.  receiving  over  $6.00  to  $7.50  per  week  115 

No.  receiving  over  $7.50  and  less  than  $10  19 
No.  receiving  the  minimum  wage,  ($10)  per  week      1,392 

No.  receiving  $10.50  to  $11.50  per  week  128 

No.  receiving  $12.00  to  $13.00  per  week  453 

No.  receiving  $13.50  to  $17.00  per  week  349 

No.  receiving  $17.50  to  $19.50  per  week  95 

No.  receiving  $20.00  to  $24.50  per  week  105 

No.  receiving  $25.00  and  more  51 

(Condensed.)  (Page  135.) 

No.  benefited  by  minimum  wage  law  812 

No.  raised  $1.00  and  less  per  week  159 

No.  raised  $1.25  to  $2.00  inclusive  168 

No.  raised  $2.25  to  $3.00  14a 

No.  raised  $3.25  to  $4.00  101 

No.  raised  $4.25  and  over  27 

No.  raised  but  not  giving  amount  217 

No.  claiming  law  has  held  their  wage  down  27 

No.  stating  law  made  no  difference  in  wage  or  work  1,243 

(Page  132.) 

During  the  three  years  of  the  existence  of  the  Indus- 
trial Welfare  Commission,  a  large  amount  of  money  for 


55 

wages  due  through  under  payments  in  violation  of  the 
minimum  wage  law,  has  been  collected  and  paid  over  to^ 
women  and  minors  so  defrauded. 

The  amount  collected  without  court  aid  was  (214 
cases)   $6,263.61 

The  amount  collected  through  aid  of  court  was 

(10  cases)   423.18 

$6,686.79 

Amount  due  pending  settlement  (11  cases) $1,274.98 

(Combined)         (Page  96.) 

There  is  little  reason  to  doubt  that  if  it  were  not  for 
such  provision  through  law  and  the  means  provided  for 
its  enforcement,  the  process  of  extortion  that  would  be 
practiced  would  be  widespread.      (Pages  96-97.) 


Washington  Industrial  Welfare  Commission.  Bulletin 
No.  1.  Survey  of  Puhlic  Housekeeping  Industry, 
February  13,  1920, 

Tables  1-2 — Weekly  Wage  Keceived  by  Women. 


Under 
$13^0 

$13.20 

$13.29 
to 
$15 

$15 

to 
$18 

Over 
$18 

Totals 

Received 

Addi- 
tional 
Compen- 
sation* 

Official  Minimum 

Wages  Based  on 

Cost  of  Living 

Waitresses,  Counter  Serv- 
ers, etc 

153 
10 

28 
6 

7 

44 
5 

6 

8 
2 

60 
7 
4 

15 

56 
5 

92 
8 
16 

34 
15 

9 

71 
3 

45 
1 

18 

19 
8 

11 

>0 
4 

2 

■'6 

4 

22 

16 

298 
24 

227 
22 
51 

116 
50 

42 

265 
5 

37 

3 

38 

92 
48 

29 

$13.20 
Nov,  10,  1918** 

Janitresses,  Cleaners,  etc. . 

Chambermaids, LinenGirls, 

Parlor  Maids 

$18.00 
June  2,  1920*** 

Elevator  Operators 

Cashiers.  Checkers,  etc. . . . 

Pantry   Helpers,    Kitchen 

Helpers 

Plain  Cooks,  Special  Cooks, 

Housekeepers,  Matrons.. . . 
Totals 

259 

96 

235 

176 

64 

830 

517 

(Combined)  (Page   2.) 

•  Either  room  or  room  and  Tjoard  or  mcala. 

**0rder    No.    18,    Sept.    10,    1918,   and   for   additional    rates   for   minors    SM 
Order  No.   19,   Sept.   19,  1918. 

***See  Order  No.  21,  April  3,   1920,  for  value  of  other  compensation   than 
wages. 


56 

The  survey  was  a  personal  one  made  by  investigators 
who  interviewed  each  woman  and  noted  facts. 

Of  those  receiving  under  $13.20  per  week  195  received 
room  or  meals,  44  worked  only  a  few  hours  per  day  in 
tea  rooms  or  cafeterias.  Some  of  this  group  were  being 
charged  as  much  for  their  meals  as  the  customers  were 
paying.  There  were  no  technical  violations  of  the  law, 
although  the  margin  was  veiy  small  in  most  cases. 

Of  those  receiving  $13.20  per  week  only  four  received 
board  and  room.     (Page  3.) 

A  large  number  in  the  next  group,  $13.20  to  $15.00 
per  week,  were  receiving  $13.85  per  week  or  $60.00  per 
month  without  board  or  room,  especially  in  the  chamber- 
maid occupation.    (Page  3.) 

Those  reporting  on  tips  were  almost  all  from  the 
waitress  group,  numbering  226.     (Page  4.) 


Washington  Industrial  Welfare  Commission.  Bulletin 
No.  2,  Survey  of  Manufacturing  Industry,  April 
10,  1920. 

Number  and  per  cent  of  women  receiving  wages  of — 


No. 
Inves- 
tigated 

Under 
$1320 

$13  20 

$1320 
to 
$15 

$15 
to 
$18 

$18 
to 
$20 

$20 
to 
$25 

Over 
$25 

Official  Minimum 

Wage  Based  on 

the  Cost  of  Living* 

Over  18  years  of  age 
Apprentices  over  18 

years  of  age 

Minors    under     18 

years  of  age 

823 
32 
136 

32 
23 

147 
42 

235 
35 

233 
30 

83 
5 

95 

1 

30 

$1320 
Nov.  10,  1918 

(Board  reconvened) 

Total  Number.... 

Per  cent. 
(Cumulative) 

991 
100 

55 

189 
24.6 

270 
50.8 

263 
78.4 

88 
87.2 

96 
97.0 

30 
3.0 

(Compiled.) 
*See  Order  No.  18,  September  10,  1918,  and  for  additional  rates  for  minors 
see  Order  No.  19,  September  19,  1918. 


This  sui-vey  covers  87  manufacturing  establishments 
(including  canneries)  throughout  the  State.  It  is  not  a 
complete  survey,  but  a  representative  one. 


Washington  Bureau  of  Labor.    Twelfth  Biennial  Report. 
1919-1920,    November  1920.  ^  — 

Report  of  Miss  Marie  Pidgeon,  Assistant  Labor  Com- 
missioner. 

It  has  been  nearly  two  years  since  I  assmned  the  du- 
ties of  Assistant  Labor  Commissioner. 

In  many  cases  of  minimum  wage  violations  I  have 
been  able  to  collect  the  wages  due  the  working  women 
without  having  to  resort  to  court  action.  In  this  way 
I  have  avoided  the  delay  and  vexation  that  necessarily 
would  result  from  such  action. 

Of  such  cases  my  records  show  that  in  my  tenure  of 
office  I  have  collected  $2,536.83.  In  addition  to  these  col- 
lections, where  failure  to  pay  the  minimum  wage  was 
involved,  I  have  succeeded  in  securing  approximately 
$3,000  in  claims  by  women  where  the  complaints  were 
the  result  of  confusion  as  to  time  employed  or  amount  of 
wages  promised  or  other  causes.     (Page  12.) 


58 

Wisconsin. 

(1)     Minimum  Wage  Orders.     [Summarized.] 

No.  1.  All  Industries.  Effective  August  1,  1919. 
Experienced  females  or  minors  (over  17)  22^  per  hour. 
Learners:  3  months  at  18^  per  hour,  3  months  at  20^ 
per  hour.  Minors:  between  14  and  16,  18^  per  hour, 
between  16  land  17,  3  months  at  18^,  thereafter  at  20^ 
an  hour;  except  that  minors  producing  the  same  output 
as  experienced  females  shall  not  be  paid  less  than  22^ 
per  hour.  In  seasonal  industries  no  learning  period  is 
recognized. 

Deductions  permitted:  for  rooms,  $2 ;  for  board  $4.50. 
Piece  rates,  effective  March  24,  1920. 

Snipping  round  beans,  2  cents  per  pound 

Snipping  flat  beans,  iy2  cents  per  pound 

No.  2.  Telephone  Exchanges.  1.  Day  Period.  For 
the  16  hour  period,  6  A.  M.  to  10  P.  M.  of  the  same  day, 
telephone  exchanges  shall  pay  their  operators  as  a  mini- 
mum for  the  number  of  hours  indicated  in  the  following 
schedule: 

Size  of  Exchange  Basis  of  Pay 

Under  200  telephones,  11/16  of  the  time  on  duty. 
200-219  telephones,  12/16  of  the  time  on  duty. 
220-239  telephones,  13/16  of  the  time  on  duty. 
240-259  telephones,  14/16  of  the  time  on  duty. 
260-274  telephones,  15/16  of  the  time  on  duty. 
275  telephones  and  more,  time  on  duty. 

2.  Night  Rest  Period.  For  the  8  hour  period  10 
P.  M.  of  one  day  to  6  A.  M.  of  the  following  day  tele- 
phone exchanges  shall  pay  their  operators  for  all  of  the 
time  they  are  subject  to  call  which  is  not  included  within 
the  longest  period  of  uninterrupted  rest  which  the  oper- 
ators get  on  at  least  two-thirds  of  the  nights  they  are  on 
duty,  but  no  exchange  having  night  service  shall  pay  its 


59 

operators  for  a  lesser  number  of  hours  than  is  indicated 
in  the  following  schedule : 

Size  of  Exchange  Bmis  of  Pay 

Under  300  telephones,  2/8  of  the  time  subject  to  call. 
300-499  telephones,  3/8  of  the  time  subject  to  call. 
500-624  telephones,  4/8  of  the  time  subject  to  call. 
625-749  telephones,  5/8  of  the  time  subject  to  call. 
750-874  telephones,  6/8  of  the  time  subject  to  call. 
875-999  telephones,  7/8  of  the  time  subject  to  call. 
1000  telephones  or  more,  time  subject  to  call. 

Exchanges  in  private  residences,  wages  at  the  rate  of 
50  cents  per  month  per  phone. 

No.  3.  Hospitals  and  Sanitariums.  That  attendants 
in  sanitariums  who  are  employed  for  more  than  fifty-five 
(55)  hours  per  week  as  a  minimum  shall  be  paid  for 
fifty-five  (55)  hours  per  week. 

No.  4.  Home  Work.  ^'Home  Workers''  as  a  mini- 
mum must  be  paid  such  piece  rates  which  yield  the  women 
and  minor  employes  of  the  same  employer  who  are  of 
average  ability  and  are  employed  in  the  factory,  the 
rates  prescribed  in  Order  No.  1. 

No.  5.  Intermittent  Workers.  Women  and  minor 
employes  who  work  intermittently  shall  be  regarded  as 
having  completed  the  first  three  months  of  the  learning 
period  which  is  provided  for  in  Order  No.  1  after  600 
hours  of  work  in  trade  or  industry,  and  the  entire  learn- 
ing period  of  six  months  after  1,200  hours  of  work. 

No.  6.  Tobacco  Stemming  Warehouses.  Effective 
March  30,  1920.  Piece  rate  for  stripping  tobacco,  3i/2^ 
per  pound.  Special  licenses  granted  to  handicapped 
workers,  if  at  least  75  per  cent  of  the  women  and  minors, 
other  than  learners  earn  at  least  25^^  per  hour.* 

No.  7.  Beauti/  Parlors.  Effective  May  20,  1920. 
Learners  for  the  first  two  months  of  employment  do  not 

♦Industrial  Commission's  circular  letter  to  employers.     April  6,  1920. 


60 

come  under  Order  No.  1,  following  3  months,  minimum, 
18^  per  hour,  next  3  months  20^  per  hour. 

Minimu/m  Wage  Act.  Industrie  Commission  of  Wis- 
consin, 

Concerning  Order  No.  1.  The  recommendation  of  the 
Advisory  Wage  Board  that  the  minimum  wage  rate 
should  be  upon  an  hourly  basis  is  supported  by  testimony 
that  many  items  in  the  cost  of  living  of  female  and  minor 
employes  vary  directly  with  the  number  of  hours  they 
are  required  to  work.  Employes  who  have  short  hours 
of  labor  can  without  injury  do  much  work  for  themselves 
which  female  and  minor  employes  who  work  longer  hours 
must  hire  others  to  do  for  them.  This  has  reference 
especially  to  laundry,  the  repair  and  up-keep  of  cloth- 
ing, and  the  making  of  some  articles  of  clothing.  Longer 
hours  of  labor,  moreover,  unquestionably  mean  increased 
fatigue,  and  it  is  now  well  established  that  fatigue  is 
an  important  cause  of  sickness.  Female  and  minor 
employes  who  work  longer  hours  on  the  average  will 
lose  more  time  from  work  because  of  sickness.  The 
shorter  hour  workers  on  the  average  work  more  days 
during  the  -year  because  the  morbidity  rate  is  lower. 
For  these  reasons  the  Commission  agrees  with  the  Ad- 
visory Wage  Board  that  the  living  wage  should  be  estab- 
lished upon  an  hourly  basis  rather  than  at  a  definite 
figure  per  week  which  disregards  the  hours  of  labor. 

The  Commission  also  accepts  the  recommendations 
of  the  Advisory  Wage  Board  that  classification  should 
be  made  and  that  the  following  classes  should  be  recog- 
nized as  female  and  minor  employes  unable  to  earn  the 
living  wage  and  should  consequently  be  licensed  as  a 
class  to  receive  a  somewhat  lower  wage  rate :  Learners 
over  17  years  of  age;  minors  between  16  and  17  years 
of  age;  minors  under  16  years  of  age.     (Page  12.) 

Female  and  minor  employes  who  are  above  17  years 
of  age  upon  first  entering  an  industry  are  unable  to  pro- 
duce the  same  output  as  experienced  employes.  They 
are  unacquainted  with  the  industry  and  its  operations. 


61 

They  cannot  work  with  the  same  speed  and  efficiency  as 
experienced  employes,  waste  more  product,  and  require^ 
more  supervision.  Their  services  are  distinctly  less 
valuable  than  those  of  experienced  employes.  If  em- 
ployers are  not  permitted  to  employ  such  learners  at  a 
lower  wage  rate,  it  is  probable  that  beginners  will  not 
be  able  to  secure  the  training  which  is  essential  to  an 
opportunity  for  steady  and  remunerative  employment 
in  the  future.  Learners,  consequently,  should  be  placed 
in  a  class  by  themselves  during  a  short  learning  period; 
such  learners  should  be  licensed  as  a  class  to  receive  a 
lower  wage  rate.  As  soon  as  such  learners  have  acquired 
reasonable  efficiency,  however,  they  should  be  paid  a 
living  wage.  The  Commission  accepts  the  recommenda- 
tion of  the  Advisory  Wage  Board  that  the  learning 
period,  during  which  less  than  a  living  wage  may  be 
paid,  shall  not  exceed  six  months  and  that  this  period 
should  be  divided  into  two  parts,  each  of  three  months' 
duration.  After  three  months  of  experience  an  employe 
clearly  is  more  efficient  than  during  the  first  tliree 
months  of  his  employment,  and  consequently  should  be 
paid  a  higher  wage.     (Page  12,  13.) 

Permit  children  under  17  years  of  age  are  as  a  class 
clearly  distinguishable  from  both  learners  and  experi- 
enced employes.  The  cost  of  living  of  minor  employes 
under  17  years  of  age  we  believe  is  somewhat  less  than 
the  cost  of  living  of  adult  female  employes  and  older 
minor  employes,  although  we  are  unable  to  estimate  the 
exact  difference.  We  believe  also  that  the  older  the 
permit  child  the  more  nearly  does  his  or  her  cost  of 
living  approximate  that  of  the  adult  female  employe  and 
the  minor  employe  over  17  years  of  age.  The  value  of 
the  service  rendered  by  permit  children  also  places 
them  in  a  distinct  class.  Permit  children  lack  the  sense 
of  responsibility  of  adults  and  older  minors,  and  for 
most  employments  are  distinctly  less  efficient.  The  fur- 
ther factor  enters  that  all  permit  children  are  by  law 
required  to  attend  a  vocational  school  for  8  hours  per 
week  during  the  day  time  in  the  months  while  these 


62 

schools  are  in  session,  in  all  cities  in  which  such  schools 
are  maintained.     (Page  13.) 

In  recognizing  as  distinct  classes  learners  over  17 
years  of  age,  minors  between  16  and  17  years  of  age, 
and  minors  under  16  years  of  age,  our  purpose  is  to 
afford  an  opporunity  to  beginners  to  secure  employment 
and  training  in  industries  which  offer  them  a  prospect 
of  steady  and  remunerative  employment.  No  employer 
should  be  permitted  to  make  these  classifications  an 
excuse  for  getting  his  work  done  at  less  than  the  mini- 
mum wage.  We  accept  as  reasonable  that  there  must 
clearly  be  a  limitation  upon  the  percentage  of  the  em- 
ployes in  an  establishment  who  may  be  paid  less  than 
the  minimum  living  wage,  and  consider  the  recommen- 
dation of  the  Advisory  Wage  Board  reasonable,  that 
this  limit  should  be  placed  at  25%.  This  limitation 
should  apply  to  all  normal  times.  When  there  is  an 
unusual  situation  which  requires  a  great  increase  in 
the  working  force,  the  25%  limitation  may  be  unreason- 
able and  impracticable  and  is  not  intended  to  apply. 
When  such  unusual  conditions  prevail,  the  employers 
affected  may  take  the  matter  up  with  this  Commission, 
which  is  by  law  expressly  authorized  to  make  special 
as  well  as  general  orders  to  carry  out  the  intent  of  the 
legislature. 

The  Advisory  Wage  Board  has  not  considered  and 
has  made  no  recommendation  upon  the  learning  period 
in  seasonal  industries  which  operate  for  only  a  few 
months  during  the  year.  We  believe,  however,  that  the 
reasons  which  impelled  the  Advisory  Wage  Board  to 
recommend  that  the  number  of  employes  in  any  estab- 
lishment to  whom  less  than  the  minimum  living  wage 
may  be  paid  shall  not  exceed  25%  of  the  total  number 
of  the  female  and  minor  employes  normally  employed, 
also  led  to  the  conclusion  that  no  learning  period  should 
be  recognized  in  seasonal  industries  which  operate  for 
only  a  few  months  during  the  year.  Such  industries  fur- 
nish no  prospect  of  steady  employment.  Employes  in 
such  industries  either  cannot  work  throughout  the  whole 


63 

of  the  year,  or  must  undergo  a  learning  period  in  an- 
other industry.     (Page  14.)  — 

Concerning  Order  No,  2,  Telephone  companies  are 
clearly  employers  within  the  meaning  of  the  minimum 
wage  act.     (Page  16.) 

The  minimum  wage  act  provides  that  all  women  and 
minor  employes  shall  he  paid  a  living  wage.  It  certainly 
costs  a  woman  just  as  much  to  live  whether  she  answers 
few  or  many  calls.  The  commission  can  take  cognizance 
only  of  such  periods  of  no  work  for  the  operators  which 
they  can  employ  to  advantage  in  doing  work  for  them- 
selves or  for  sleep.    (Page  18.) 


Interpretations  and  Rulinqs  Relative  to  the  Minimum 
Wage  Law  and  the  Orders  Pursuant  Thereto  as 
Revised  January  5,  1920.  Industrial  Commission 
of  Wisconsin. 

3.  Tips  received  from  patrons  cannot  be  counted  as 
a  part  of  the  wage  in  computing  the  amount  due  under 
the  minimum  wage  orders. 

4.  In  computing  the  minimum  wage  no  deduction 
can  be  made  for  instruction  in  the  trade  or  industry. 

7.  The  minimum  wage  law  does  not  apply  to  women 
and  minor  employes  who  are  bona  fide  apprentices  for 
a  profession  in  which  registration  is  required  by  state 
law. 

12.  No  request  for  a  special  license  to  work  for  less 
than  the  living  wage  will  be  entertained  by  the  commis- 
sion unless  the  employe  who  is  alleged  to  be  handicapped 
is  paid  the  same  piece  rates  which  other  employes  in 
the  establishment  are  being  paid  for  the  same  or  similar 
work;  nor  if  the  piece  rates  prevailing  in  the  establish- 
ment yield  less  than  25  cents  per  hour  to  more  than  25 
per  cent  of  the  women  and  minor  employes  other  than 
learners. 


64 

(2)     Investigation  for  Compliance  with  Minimum 

Decreed. 

Biennial    Report.     Wisconsin    Industrial    Commission, 
July  1,  1918,  to  June  30,  1920. 

The  enforcement  of  this  (telephone)  order  has  been 
the  most  difficult  problem  which  has  been  met  with  in  the 
administration  of  the  minimum  wage  law.  This  has  been 
due  to  the  fact  that  wages  in  this  industry  heretofore 
probably  have  been  lower  than  in  any  other  industry, 
and  that  the  margin  of  profit  of  the  employing  companies 
has  been  small,  and  in  many  instances  they  have  not  been 
conducted  for  profit  at  all.     (Page  8.) 

The  results  have  been  gratifying.  Complete  com- 
pliance has  not  yet  been  secured  from  all  companies,  but 
adjustments  already  completed  have  given  206  women 
or  minor  telephone  operators  a  total  of  $22,439.23  as 
back  pay.  The  increase  in  wages  has,  in  many  instances, 
been  more  than  100%,  and  for  the  industry  as  a  whole 
probably  exceeded  33%%.    (Pages  8-9.) 

Another  special  problem  was  presented  by  home  work, 
that  is,  work  which  is  let  out  by  factories  to  be  done  in 
homes.  There  is  no  practical  way  for  determining  the 
hours  put  in  by  home  workers,  and  it  is  universal  that 
these  employes  are  paid  on  a  piece-rate  basis.  But  there 
is  probably  no  other  class  of  employes  who  have  been 
more  seriously  underpaid.  The  commission,  conse- 
quently, has  been  anxious  to  arrive  at  a  practical  method 
of  applying  the  minimum  wage  law  to  home  work. 
With  this  end  in  view,  it  adopted  an  order  providing  that 
home  workers  shall  be  paid  such  piece  rates  as  will  yield 
women  and  minor  employes  of  the  same  employer  in  the 
factory,  who  are  of  average  ability,  the  minimum  time 
rate  of  22  cents  per  hour.  Investigations  are  now  being 
made  to  check  up  compliance  with  this  order  by  the  man- 
ufacturers giving  out  home  work.     (Pages  9-10.) 

A  problem  of  a  different  kind  and  altogether  more 
complex  was  presented  by  the  tobacco  stemming  ware- 
houses. Within  a  short  time  after  the  adoption  of  mini- 
mum wage  order  No.  1,  the  commission  was  flooded  with 


65 

requests  for  special  licenses  to  work  for  less  than  the 
living  wage,  from  women  employes  in  the  tobacco  ware.- 
houses.  These  employes  were  all  piece-workers,  and  it 
was  found  that  many  of  them  were  unable  to  make  22 
cents  an  hour  at  the  prevailing  piece  rates.  Because  it 
realized  that  this  might  mean  that  the  piece  rates  were 
too  low,  the  commission  refused  to  be  hurried  into  the 
issuance  of  a  large  number  of  special  licenses  in  this  in- 
dustry, prior  to  a  careful  investigation  of  this  problem. 
Such  an  investigation,  however,  was  undertaken  imme- 
diately, and  practically  every  tobacco  stemming  ware- 
house in  the  state  was  visited  by  the  women  deputies  of 
the  commission.     (Pages  10-11.) 

It  was  found  that  this  industry  gives  employment  to 
an  unusually  large  number  of  elderly  women,  many  of 
whom  are  not  efficient.  On  the  other  hand,  it  was  also 
found  that  the  piece-rates  which  were  paid  in  most  of  the 
warehouses  were  so  low  that  many  other  employes  in 
additions  to  the  elderly  women  were  unable  to  make  the 
living  wage.  After  a  conference  with  the  officers  of  the 
company  which  controls  most  of  the  tobacco  warehouses 
in  Wisconsin,  an  agreement  was  reached  that  the  com- 
mission would  permit  all  tobacco  stemming  warehouses 
to  pay  their  women  and  minor  employes  either  the  time 
rates  prescribed  in  minimum  wage  order  No.  1,  or  a  piece 
rate  of  3%  cents  per  pound,  which  was  %  cent  per  pound 
more  than  the  rate  paid  at  most  of  the  warehouses.  After 
this  agreement  was  formally  adopted  as  minimum  wage 
order  No.  6,  reports  were  required  from  all  the  tobacco 
warehouses  to  make  certain  that  back  pay  to  August  1, 
1919,  was  given  to  all  women  and  minor  employes  who 
were  paid  less  than  the  time  rates  of  minimum  wage  or- 
der No.  1.  No  less  than  1442  women  were  given  back  pay 
under  this  order,  totaling  $5564.76.     (Page  11.) 

No  complete  record  has  been  kept  of  the  collections 
of  back  pay  thus  made  for  women  employes  other  than  in 
the  telephone  and  tobacco  industries.  A  partial  list  of 
such  cases,  prepared  by  the  minimum  wage  deputy,  shows 
payments  of  back  pay  through  the  active  efforts  of  the 


66 

commission  to  68  women   employes,   totaling-  $1284.63. 
(Page  13.) 

While  one  year  is  too  short  a  period  to  accurately 
gauge  the  effect  of  the  enforcement  of  the  minimum  wage 
law,  it  is  very  apparent  that  most  employers  do  not  re- 
gard the  law  as  a  serious  hardship.  There  are  no  reliable 
statistics  upon  wages  in  Wisconsin,  either  before  or  after 
the  enforcement  of  the  minimum  wage  law.  It  is  proba- 
ble, however,  that  before  the  adoption  of  minimum  wage 
order  No.  1,  one-fourth  to  one-third  of  the  women  em- 
ployes of  the  state,  not  including  learners,  were  paid  less 
than  22  cents  an  hour.  The  effect  of  the  order,  however, 
was  not  conjfined  to  those  employes  who  had  previously 
been  paid  less  than  22  cents  per  hour.  In  fact,  at  the 
hearing  on  AugTist  4,  1919,  upon  the  application  of  em- 
ployers for  a  postponement  of  the  date  of  enforcement  of 
the  order,  their  claim  of  great  losses  was  based  not  upon 
increases  in  wages  rendered  necessary  to  bring  their 
women  employes  up  to  22  cents  an  hour,  but  upon  '  ^  sym- 
pathetic" increases  which  they  felt  obliged  to  make  to 
women  employes  who  had  been  paid  more  than  22  cents 
an  hour.  There  can  be  no  question,  also,  that  the  mini- 
mum wage  has  not  become  the  maximum.  In  practically 
all  industries  the  great  majority  of  the  women  employes 
are  being  paid  more  than  22  cents  an  hour.  There  has 
also  been  no  reduction  of  opportunities  for  employment 
of  women ;  in  fact,  there  never  has  been  a  time  when  the 
number  of  calls  for  women  help  at  the  employment  offices 
so  greatly  exceeded  the  number  of  women  applicants  for 
positions.    (Pages  13-14.) 


Industrial   Commission   of  Wisconsin.     Release   to   the 
Newspapers  Oct.  29,  1920. 

While  the  Wisconsin  minimum  wage  rate  of  22^  an 
hour  is  less  than  the  rate  in  most  other  states  having 
minimum  wage  laws,  there  is  no  question  but  that  the 
establishment  of  this  rate  by  order  of  the  Industrial  Com- 
mission on  August  1,  1919,  has  had  the  effect  of  mate- 


67 

rially  increasing  women's  wages  throughout  Wisconsin. 
This  has  been  true  especially  of  women  employed  in  mer- 
cantile establishments,  telephone  exchanges,  and  tobacco" 
warehouses.  Comparatively  few  women  employed  in  fac- 
tories or  offices  were  paid  less  than  22^  an  hour  even 
before  the  Commission's  order  became  effective,  but 
many  of  these  employes  also  secured  wage  increases, 
because  less  efficient  employes  had  to  be  increased  to  22^. 


68 

British  Columbia. 

Annual  Report   of  Department   of  Labour   of  British 
Columbia  for  Year  Ending  December,  1919, 

Comparative  Statement  Based  on  Returns  from  Employ- 
ers in  the  Mercantile  and  Laundry,  Cleaning  and 
Dyeing  Industries  Showing  Weekly  Wages 
of  Women  Employees. 


Mercantile  Industry 

Laundry, 

Cleaning  and  Dyeing  Industry 

Wages 

1918— Before  order 
Became  Effective 

1919— After  Order 
Became  Effective* 

1918— Before  Order 
Became  Effective 

1919-After  Order 
Became  Effective** 

Number 
18  Years 
and  Over 

Number 
Under 
18  Years 

Number 
18  Years 
and  Over 

Number 

Under 

18  Years 

Number 
18  Years 
and  Over 

Number 
Under 
18  Years 

Number 
18  Years 
and  Over 

Number 
Under 
18  Years 

Under  16 

3 
9 

28 
113 
111 

205 
.     94. 

42 
48 
27 
37 
26 
16 
2 
7 
1 

"i 

32 
38 
25 

533 

183 
97 

209 
78 
53 
58 

122 

■76 
58 
56 
59 
35 
35 
4 
2 
3 
1 

"2 
10 
32 
37 
53 
34 
50 
32 
26 
19 
10 
3 
2 
2 

"4 
11 
28 
11 
20 

2 
12 

5 

■■4 

1 

19 

174 
55 
65 
12 
9 
12 
10 

$6  to  $6.99 

7  to    7.99     . 

8  to   8.99 

6 

9  to   9.99  

15 

10  to  10.99 

15 

11  to  11.99 

15 

12  to  12.99 

173 
74 
36 
90 
41 
30 
44 
--78 

13 

13  to  13.99  

9 

14  to  14.99 

15  to  15.99 

1 

16  to  16.99 

1 

17  to  17.99 

18  to  18.99  .     . 

Totals 

1,129 

207 

1,428 

323 

312 

93 

361 

75 

(Compiled) 


(Pages  97-98) 


*  Wage  order,  $12.75  for  a  week  of  48  hours  and  26  9-16  cents  per  hour  for  additional  work.    Effective, 
February  24,  1919. 

**  Wage  order,  $13.50  for  a  week  of  48  hours,  effective  March  31,  1919. 


69 

Annual  Report  of  Department  of  Labour  of  British  Co- 
lumbia for  Year  ending  December,  1919,       ^__ 

General  Comparative  Summary  of  Mercantile  and  Laun- 
dry, Cleaning,  and  Dyeing  Industries  in 
British  Columbia. 


Mercantile 

Laundry,  Cleaning,  Dyeing 

1918 

1919 

1918 

1919 

91 

112.75 
7.80 
15.49 
49.6 

121 

$14.67 
9.73 
18.45 
46.1 

24 

$11.80 
9.69 
23.00 
47.2 

23 

Average  weekly  wage — 

$14.48 

Under  18  years        

11.19 

17.00 

Average  hours  worked  per  week 

45.1 

(Pages  97,  98) 

A  scrutiny  of  the  returns  reveals  the  pleasing  fact 
that  coupled  with  a  general  rise  of  wages  there  is  a  per- 
ceptible decrease  in  the  hours  of  labour.    (Page  85.) 

In  the  Public  Housekeeping  Occupation  the  pre- 
liminary investigation  showed  the  minimum  wage  to  be 
$5 ;  the  average  was  $14.23  and  the  hours  worked  50.6  per 
week.  The  legal  minimum  wage  was  set  at  $14  and  be- 
came effective  on  August  16th,  1919.  After  that  date  the 
average  wage  rose  to  $16.20  and  48.95  hours  were  worked, 
or  $1.97  per  week  higher  than  the  previous  average  and 
the  hours  1.65  less  weekly.  Before  the  Minimum  Wage 
Order  came  into  force  no  less  than  55  per  cent  of  the 
women  eighteen  years  of  age  or  over  engaged  in  this  oc- 
cupation were  receiving  less  than  $14  a  week.  The  pro- 
portion of  those  receiving  $20  per  week  and  over  has 
risen  from  4%  per  cent,  to  nearly  13  per  cent.  Girls  un- 
der eighteen  years  of  age  have  also  participated  in  the 
general  rise  of  wages. 

In  the  Office  Occupation  the  minimum  wage  was  $4 
per  week  before  any  Order  had  been  made.  Investigation 
showed  that  previous  to  the  Conference  in  1919  the  aver- 
age wage  was  $17  a  week  and  43.7  hours  were  worked. 
The  legal  minimum  wage  was  set  at  $15  and  became  ef- 
fective on  August  16th,  1919.    Prom  that  date  the  average 


70 

weekly  wage  rose  to  $18.24  and  the  hours  worked  fell  to 
43.6.  There  was  a  slight  decrease  in  the  number  of  em- 
ployees and  an  increase  of  0.52  per  cent,  of  girls  under 
eighteen  years  of  age.  Here  again  an  increase  is  shown 
in  the  number  receiving  more  than  the  minimum  wage, 
and  also  in  the  number  receiving  more  than  $20  per  week. 

In  the  Manufacturing  Industry  the  weekly  minimum 
wage  before  the  Conference  in  1919  was  as  low  as  $1.50 
in  some  occupations,  and  the  average  was  $12.55  for  46.6 
hours  worked.  The  weekly  minimum  was  set  by  the  Or- 
der at  $14  and  became  effective  on  September  1st,  1919. 
The  average  wage  increased  after  that  date  to  $15.13  and 
the  hours  worked  were  reduced  to  45.9.  The  last  investi- 
gation shows  a  decrease  in  the  employment  of  girls  under 
eighteen  years  of  age  and  an  increase  in  the  whole  number 
of  females  employed.  Here  again  the  number  of  women 
in  the  better-paid  positions — i.  e.,  those  receiving  more 
than  the  minimum  wage — shows  a  large  increase.  An- 
alysis of  the  returns  in  this  occupation  is  incomplete,  as 
the  Board  has  not  yet  fully  established  the  rates  of  pay 
for  apprentices  or  for  inexperienced  workers,  nor  the 
period  that  may  be  allowed  workers  in  these  classes  to 
become  proficient.  At  the  time  of  compiling  this  report 
these  matters  are  still  under  advisement. 

The  remaining  Orders  issued  by  the  Board  during  the 
year  1919  have  not  been  in  operation  long  enough  to 
warrant  comparisons  being  made.     (Pages  98-99.) 


71 

Manitoba. 

The  Minimum  Wage  for  Women  and  Girls  in  Manitoba, 
Manitoba  Mvnimmn  Wage  Board,  Winnipeg, 
Oct.,  1920. 

During  the  last  Spring  and  early  Summer  of  1919, 
the  figures  agreed  upon  in  May,  1918,  as  necessary  for  a 
living  wage  came  up  for  revision,  and  the  members  of 
the  Board  were  convinced  that  the  minimums  set  for 
workers  in  laundries,  food  stuffs,  soap,  paper-box,  drug 
and  cigar  factories,  would  have  to  be  increased  if  the 
minimum  wage  was  to  be  a  living  wage.  Consequently, 
after  being  advertised,  a  public  hearing  was  held,  and  it 
was  agreed  by  representatives  present  that  a  minimum 
of  eleven  dollars  should  be  established.     (Page  4.) 


72 

2.    Industrial  Efficiency  of  Both  Employers  and  Employ- 
ees is  Stimulated. 

Evidence  accumulates  that  the  necessity  of  paying 
higher  wages  stimulates  the  employers  to  better  manage- 
ment and  organization,  more  emphasis  on  personnel  work, 
the  training  of  employees  and  the  consequent  cutting 
down  of  the  labor  turnover.  The  most  striking  statement 
of  the  value  of  a  living  wage  in  increasing  efficiency  of 
the  workers  is  by  a  manager  of  a  five  and  ten  cent  store.* 
In  the  past  such  stores  paid  notoriously  low  wages. 

South  Australian  Industrial  Reports.    Vol.  1.    1916-18. 
President  of  the  Industrial  Court,  Mr.  Jethro  Brown : 
The  Salt  Case. 

The  President  is  bound  by  law  to  award  not  less  than 
a  living  wage.  If  that  wage  is  higher  than  has  been  pre- 
viously fixed,  the  excess  may  come  out  of  the  profits  of 
the  employer.  But  if  it  should  so  happen  that  the  excess 
cannot  be  paid  out  of  profits,  there  are  other  sources  to 
be  drawn  on.  There  is  the  possibility  of  increased 
economy  or  increased  efficiency  in  the  conduct  of  the 
business  concerned.  There  is  the  possibility  that  an  in- 
creased output  on  the  part  of  employers  may  enable  the 
employers  to  avoid  shutting  down.  A  great  deal  of  evi- 
dence might  be  adduced  to  show  that  in  Australia  the 
sources  to  which  I  have  referred  as  available  for  paying 
higher  wages — increased  economy  or  efficiency  of  busi- 
ness organization,  and  an  increased  output  on  the  part 
of  the  worker — are  sources  from  which,  under  the  stimu- 
lus of  necessity,  much  more  might  be  drawn  than  at 
present.    I  do  not  speak  of  all  industries,  but  my  remark 

is  fairly  applicable  to  a  large  number I  dwell 

upon  these  things,  because  I  wish  to  show  that  if  this 
Court,  in  declaring  a  living  wage,  declares  a  wage  which 

♦See  p.  83. 


73 

apparently  cannot  be  paid  by  the  industry  concerned,  the 
Court  is  not  necessarily  shutting  down  the  industry.  In 
a  number  of  cases  which  have  come  before  Australian 
industrial  tribunals,  the  argument  has  been  brought  for- 
ward that  a  particular  business  or  industry  would  have 
to  be  closed  down  if  the  wages  were  raised,  and  yet  the 
industry  or  business  has  continued  despite  increased 
wages,  and  is  to-day  paying  reasonable  dividends. 
Whether  the  result  be  due  to  the  potential  economy  of 
high  wages,  or  to  the  fact  that  employers  have  discov- 
ered that  necessity  is  the  mother  of  invention,  or  to  other 
circumstances,  I  need  not  pause  to  consider.  That  fact  is 
indisputable.     (Pages  3-4.) 

The  Living  Wage — Tinsmith's  Case. 

Nor  is  it  sound  business  to  underpay  the  worker.  It 
is  true  that  particular  employers  may  make  profits  by 
the  award  of  a  wage  lower  than  the  true  living  wage. 
But  the  interests  of  the  employers  as  a  whole  are  not  to 
be  promoted  by  sweating  wages,  or  even  by  a  bare  sub- 
sistence wage I  cannot  too  strongly  emphasize 

the  fact  that  it  is  for  the  interests  of  the  employers  them- 
selves, as  well  as  for  the  employees,  that  the  living  wage 
awarded  by  this  Court  should  be  such  as  to  ensure  to 
every  workman  a  wage  sufficient  to  maintain  him  in  a 
high  state  of  industrial  efficiency,  and  to  provide  his 
family  for  the  necessaries  for  health  and  well  being. 
When  economists  sipeak  of  the  potential  economy  of  high 
ivages  they  are  not  talking  in  the  air.  They  are  talking 
of  something  which  has  been  demonstrated  in  the  indus- 
trial development  of  modern  communities 

The  mistake  that  is  often  made  by  private  employers 
is  the  mistake  so  commonly,  and  I  fear  justly,  attributed 
to  Governments — the  mistake  of  seeking  efficiency 
through  economies  rather  than  economy  through  effi- 
ciency.    (Pages  80-81.) 


74 

South  Australicm  Industrial  Reports.    Vol.  2.    1918-19. 
President  of  the  Industrial  Court,  Mr.  Jethro  Brown : 

The  Printing  Trades  Case. 

Sound  national  economy  embraces  the  recognition  of 
the  need  for  securing  such  a  return  for  work,  whether 
mental  or  physical,  as  will  maintain  the  worker  in  health 
and  efficiency,  and  stimulate  his  or  her  ambition.  The 
realisation  of  the  fact,  in  its  bearing  upon  maximum  pro- 
duction at  lowest  cost  of  production,  leads  to  the  conclu- 
sion that  lowest  cost  of  production  should  be  sought  for, 
less  in  low  rates  of  wages,  than  in  increased  skill  in  the 
management,  and  in  increased  efficiency  of  the  worker. 
(Pages  45-6.) 

The  Furniture  Trades  Case. 

It  may  be  conceded  that  an  increase  in  the  price  of  a 
commodity  produced  has  sometimes  been  inevitable 
where  wages  have  been  increased.  But  I  do  not  hesitate 
to  express  the  opinion  that,  in  a  majority  of  oases,  the 
increase  of  prices,  aside  from  fluctuations  in  the  world's 
markets,  and  omitting  for  the  moment  the  possibility  of 
some  diversion  of  profits  to  wages,  might  have  been 
avoided  by  a  greater  efficiency  on  the  part  of  employers 
and  employees  by  eliminating,  as  far  as  possible,  the 
waste  of  disorganized  industry,  by  the  installation  of 
up-to-date  plants,  and  the  adoption  of  the  most  effective 
methods  of  business  organization.    (Page  235.) 


Second  Biennial  Report.    California  Industrial  Welfare 
Commission.     1915-1916. 

From  the  business  point  of  view  labor  cost  and  not 
the  rate  of  wages  is  the  most  important  item  to  be  con- 
sidered in  the  matter  of  the  payment  of  labor.  This  is 
particularly  the  case  in  the  laundry  industry  where  labor 
is  the  heaviest  item  of  cost.    Power  laundries  are  classed 


75 

as  manufacturing  establishments,  but  they  differ  from 
ordinary  manufacturing  establishments  in  that  they  do 
not  convert  raw  material  into  finished  products,  conse- 
quently labor  is  a  much  larger  item  than  in  the  ordinary 
factory.    (Page  220.) 

The  following  comparison  of  labor  cost  with  the  aver- 
age weekly  earnings  of  men  and  women  by  cities  demon- 
strates that  the  higher  wages  are  accompanied  by  higher 
labor  cost,  but  not  nearly  in  proportion: 

Table  XII.  Value  of  Work  Done  in  Selected  Establish- 
ments, Percentage  of  Total  Number  of  Employees 
represented  by  Reporting  Establishments,  with 
Average  Weekly  Earnings  of  Men  and  Women, 
and  Productive  Labor  Cost.* 


City 

Number 

of 
Establish- 
ments 
Reporting 

Per  cent, 
of  Total 
Number 
of  Laundry 
Workers 
in  Each 
City 

Value 

of  Work 

Done 

Women's 
Average 
Weekly 
Earn- 
ings 

Men's 
Average 
Weekly 
Earn- 
ings 

Productive 
Labor  Cost 
(Per  cent.) 

San  Francisco 

12 

12 
8 
9 

2 

4 

56.4 
70.2 
60.9 
68.5 
57.6 

se,3 

$124,312.01 

145,814.81 

51,695.73 

28,049.69 

17,794.51 

12,362.77 

$9.89 
7.78 
8.38 
8.94 
8.47 

7.05 

$16.36 
12.65 
15.75 
18.20 
12.68 

15.00 

37.99 

33.55 

Oakland 

Fresno,  Stockton  and  San  Jose. . . 
Pasadena                

35.30 
38.95 
31.15 

Colton,  Riverside  and  San  Bernar- 
dino       

29.02 

(Cut  down  and  conbined  with  Table  XIIL)     (Pages  220-221) 


Minimum.  Wage  Laws  are  Good  Business.  Extracts  from 
Letters  hy  Employers  Operatiny  under  a  Legal 
Minimimi  Wage.  National  Consumers'  League, 
New  York.    October^  1920. 

Cost  of  Operation  not  Increased. 

Edward  A.  Filene,  President,  Wm.  Filene's  Sons  Co., 
(retail  specialty  store)  Boston,  Mass.  Oct.  5,  1920. 

''We  have  had  the  minimum  wage  in  our  concern 
since  March  1,  1912,  and  the  important  thing  about  it  is 


76 

that,  relatively  the  cost  of  wages  as  compared  with  other 
costs  of  nmning  the  business  has  not  increased,  but  on 
the  contrary  has  decreased. ' ' 

C.  C.  Carpenter,  Pres.,  The  MacDougall  &  Southwick  Co., 
(retail  dry  goods)  Seattle,  Wash.    Dec.  31,  1919. 

**  Quite  contrary  to  the  belief  of  many  merchants,  a 
fair  minimum  wage  will  not  increase  the  per  cent  cost 
of  operation.^* 


Fifth  Annual  Report  of  the  Minimum  Wage  Commission 
of  Massachusetts.    December  31, 1917. 

In  November  and  December,  1917,  the  Commission 
made  its  third  reinspection  since  the  operation  of  the  de- 
cree of  Aug.  15,  1914,  of  the  pay-roll  records  of  women 
employed  in  brush  factories.  It  was  found  that  women 
were  employed  in  23  such  establishments  as  compared 
with  17  reported  at  the  time  of  the  last  inspection  in 
June  and  July,  1915.  The  total  number  of  women  em- 
ployed in  the  industry  in  the  State  was  871,  an  increase 
of  79.6  per  <rent.  over  the  number  reported  in  1915,  and 
an  increase  of  67.2  per  cent,  over  the  number  employed 
in  1913,  previous  to  the  establishment  of  a  minimum 
wage  in  the  industry. 

Five  establishments,  employing  together  14  women, 
were  found  to  be  failing  to  comply  with  the  recommenda- 
tions of  the  Commission,  and  10  women  in  these  estab- 
lishments, forming  about  1  per  cent,  of  the  total  number 
in  the  industry,  were  receiving  less  than  the  recommend- 
ed minimum  wage  rates.     (Page  32.) 


Third  Biennial  Report  of  the  California  Industrial  Wel- 
fare Commission.    1917-1918. 

Summing  up  the  accomplishments  of  the  mercantile 
order,  the  effects  were  found  to  be: 


77 

1.  That  no  establishment  was  forced  out  of  existence 
by  the  order.     (Page  48.)  ^^~^ 

A  summary  of  the  effects  of  the  order  of  the  Indus- 
trial Welfare  Commission  in  the  laundry  industry  leads 
to  the  same  conclusions  as  in  the  mercantile  industry : 

1.  No  establishment  was  forced  out  of  existence  by 
the  order.     (Page  87.) 


Report  of  the  Regulation  of  Wages,  Hours  and  Working 
Conditions  of  Women  and  Minors  in  the  Fruit 
and  Vegetable  Canning  Industry  of  California. 
California  Industrial  Welfare  Commission,  Many, 
1917. 

On  the  morning  of  January  17th  the  Wage  Board  con- 
tinued further  the  discussion  of  rates.  Much  interesting 
information  was  developed  by  both  sides,  the  employees 
especially  bringing  out  clearly  the  loss  to  the  worker  be- 
cause of  inadequate  instruction  as  to  the  best  and  quick- 
est way  of  cutting  and  canning  fruit.  Also  the  loss  to 
them  caused  by  waste  of  time,  inefficient  management, 
and  by  requiring  them  in  some  canneries  to  carry  fruit 
and  waste  and  trays  on  their  own  time,  thus  reducing 
their  piecework  earnings  materially.  Many  instances 
were  cited  of  the  handicaps  to  the  workers  in  arriving  at 
their  highest  productivity.  This  seemed  of  great  interest 
to  the  employers. 

On  January  18th  at  two  o'clock  p.  m.,  the  Wage  Board 
proceeded  to  its  final  discussion  of  minimum  rates.  The 
canners'  representatives  said  that  they  believed  their 
recommendations,  with  the  improved  working  conditions 
that  the  commission  would  introduce,  would  yield  a  good 
wage.     (Page  43.) 

It  was  further  stated  by  the  canners*  representatives 
that  they  believed  great  concessions  had  been  made  in 
raising  all  their  fruit  rates  and  they  were  confident  that 
with  the  improved  management,  eliminating  lost  time, 
and  the  standardization  of  the  sizes  of  boxes  of  fruit  and 


78 

vegetables  to  be  cut,  due  to  setting  the  cutting  rate  on  a 
hundred-pound  basis,  that  the  women  would  average  a 
much  higher  hourly  production  than  in  the  past.  (Page 
44.) 


Report  on  the  Regulation  of  Wages,  Hours  and  Working 
Conditions  of  Women  and  Minors  in  the  Fruit  and 
Vegetable  Canning  Industry  of  California,  Cali- 
fornia Industrial  Welfare  Commission.  May, 
1917, 

The  rulings  of  the  commission  went  into  effect  April 
14,  1916.  Practically  the  entire  season  pack  of  1916  was 
thus  controlled  by  the  regulations.  The  effects  of  the 
orders  are  given  in  detail  in  the  following  report. 

Minimum  time  rates  were  fixed  for  women  and  the 
same  rate  was  fixed  for  minors.  The  rate  for  inexpe- 
rienced workers  was  13  cents  per  hour  and  the  period 
allowed  for  gaining  experience  three  weeks,  after  which 
the  worker  received  not  less  than  16  cents  per  hour.  The 
general  rate  paid  previously  for  ordinary  '*day  work'' 
had  been  10,  121/2  or  15  cents  per  hour.  Most  of  the 
smaller  children  had  been  employed  at  10  cents  an  hour 
or  even  less.  With  this  low  pay  went  a  large  waste  of 
time.  The  employment  of  many  children  makes  efficient 
factory  organization  impossible.  The  result  of  these 
rulings  on  time  rates  was  that  the  wages  of  the  women 
and  children  were  raised  and  the  number  of  small  chil- 
dren very  much  reduced.     (Page  65.) 

In  1914  the  commission  made  a  careful  survey  of  the 
question  of  children  in  the  industry.  In  the  41  plants 
covered  in  that  investigation  2,344  children  were  work- 
ing. In  the  same  41  canneries  in  1916  only  1,092  children 
were  working,  showing  a  reduction  of  53  per  cent  in  two 
years.     (Page  67.) 


79 

The  Minimum  Wage.    Ida  M.   Thrasher,  of  Lansburg 
d  Bros.,  Washington,  D.  C.    The  Prince  Alunwae^ 
News.    The  Prince  School  of  Education  for  Store 
Service.    February,  1920. 

No  store  can  render  effective  service,  and  at  the  same 
time  have  a  high  percentage  of  labor  turnover.  One  of 
the  best  results  of  the  new  law  from  my  standpoint,  is 
the  decided  decrease  in  the  number  of  people  vv^ho  are 
leaving  us.  The  girls  are  earning  a  living  wage,  working 
under  happy  conditions,  and  in  a  store  where  recogni- 
tion is  made  of  genuine  worth.     (Page  10.) 


District  of  Columbia  Minimum  Wage  Board.  Bulletin 
No.  3.  Wages  of  Women  in  Hotels  and  Restau- 
rants in  the  District  of  Columbia.  October  10, 
1919. 

The  irregularity  of  employment  in  the  hotel  and  res- 
taurant business  was  made  apparent  in  this  investiga- 
tion both  by  the  testimony  of  individual  employers  and 
by  the  payroll  figures.  In  many  of  the  smaller  restau- 
rants the  employers  stated  that  they  never  bothered  to 
learn  the  names  of  their  dishwashers  because  they 
changed  so  frequently.  The  payrolls  of  several  of  the 
large  hotels  serve  to  indicate  the  extent  of  turnover.  Of 
the  153  women  on  the  payrolls  of  three  hotels,  68,  or  44.4 
per  cent,  worked  less  than  a  full  month.  Of  the  127 
women  on  the  payrolls  of  two  other  hotels,  49,  or  38.6  per 
cent,  worked  less  than  a  full  half-month.  This  second 
percentage  really  represents  a  higher  turnover  than  the 
first,  since  it  shows  the  amount  of  irregularity  of  at- 
tendance for  a  period  of  half  the  length. 

The  loss  to  both  employers  and  employees  resulting 
from  such  irregularity  of  employment  is  a  matter  for 
serious  consideration.     (Pages  4-5.) 


80 

Massachusetts  Minimu^m  Wage  Com/mission,  Bulletin 
No.  14,  Ma:!/,  1917.  Wages  of  Women  in  MusUn 
Underwear,  Petticoat,  Apron,  Kimono,  Women's 
Neckwear  and  Children's  Clothing  Factories  in 
Massachusetts. 

Out  of  the  total  number  of  women  employed  for  four 
weeks  or  more,  only  6  per  cent,  worked  a  full  year,  al- 
though 27.2  per  cent,  worked  forty-eight  weeks  or  more. 
About  half  (54.1  per  cent.)  had  employment  for  six 
months.  That  in  general  there  is  a  relation  between  low 
wages  and  irregularity  of  employment  in  these  indus- 
tries is  shown  by  the  fact  that  the  two  most  poorly  paid 
branches  of  the  women's  clothing  trade,  namely,  the 
neckwear  and  children's  dress  industries,  were  those  in 
which  the  fluctuation  of  employment  was  greatest,  while 
it  was  least  marked  in  the  petticoat  industry,  which  paid 
the  highest  wages  of  any  of  the  garment  trades. 
(Pa^e  25.) 


Hansard's  Parliamentary  Debates.    Vol.  90.    February, 
1917. 

Mr.  Robert  Leonard  Outhwaite,  Member  from  Hanley : 

The  policy  involved  in  that  argument  is  that  a  low 
wage  is  an  economic  wage,  and  that  low  wages  mean 
cheap  production.  On  the  contrary,  low  wages  mean 
high  cost  of  production.  It  is  because  you  pay  agricul- 
tural labourers  starvation  wages  that  they  cannot  work 
at  their  highest  capacity;  they  have  not  the  requisite 
physidal  condition,  and  are  unable  to  work  efficiently 
machinery  which  requires  skill.     (Page  186.) 

The  Prime  Minister — (Hon.  Lloyd  George) : 

I  do  not  believe  any  farmer  looking  at  the  prospects, 
can  fail  to  see  that  the  old  wages  are  gone — and  a  good 
thing,  not  merely  for  the  labourer,  but  for  the  farmer. 
The  best  farmers  in  a  district  are  those  who  give  the 
best  wages.     (Pages  1601-2.) 


81 

Right  Honorable  Walter  Runciman,  Member  for  Dews^ 
bury: 
The  mistake  that  has  been  made  in  agricultural  dis- 
tricts in  regard  to  wages  is  that  they  have  kept  wages 
down  to  the  old  level,  instead  of  raising  them  continu- 
ously. It  is  quite  true — ^it  was  said,  I  believe,  earlier  in 
the  debate  by  the  Right  Hon.  Gentleman  himself — that 
the  best  farming  is  to  be  found  in  the  districts  where  the 
best  wages  are  paid.  That  is  absolutely  truB,  and  I  be- 
lieve if  the  best  wages  were  paid  now  in  some  of  our 
counties  which  are  supposed  to  be  yielding  nothing  like 
enough  in  foodstuffs,  there  again  you  would  have  pros- 
perity restored  to  the  farmer,  for  you  will  combine  with 
those  high  wages  the  necessary  degree  of  intelligence 
which  must  accompany  good  farming.    (Pages  1631-2.) 

Hansard's  Parliamentary  Debates.    Vol,  107,    June  17, 
1918. 

Colonel  Lord  Henry  Cavendish  Bentinck,  M.  P. : 

The  trade  boards  already  instituted  have  shown  that 
while  they  may  not  secure  to  the  worker  a  real  living 
wage,  they  do  get  50  per  cent  added  to  that  wage,  and 
in  bringing  about  that  result  not  only  have  they  not  done 
an  injury  to  the  employer,  but  they  have  actually  ben- 
efited him ;  they  have  forced  him  to  set  his  house  in  order, 
they  have  made  him  adopt  more  efficient  machinery  and 
they  have  given  him  a  body  of  workers  more  efficient 
than  before — far  more  efficient  because  they  get  some- 
thing like  a  living  wage.    (Page  83.) 

Report  of  the  War  Cabinet  Cormnittee  on  Women  in  In- 
dustry,   Great  Britain,    Cmd.  135,  London,  1919, 

But  all  the  facts  revealed  in  the  present  enquiry  show 
that  women  are  still  very  far  from  having  attained  a 
position  which  would  permit  them  to  bargain  inde- 
pendently with  employers  or  maintain  their  rights  in 
demarcation  questions  against  other  organizations.     It 


82 

is  necessaiy  first  to  give  tliem  an  escape  from  the  vicious 
circle  of  low  efficiency — low  wages — low  organization. 
The  evidence  shows  that  the  principal  obstacles  have  lain 
in  their  low  wages  and  precarious  tenure  of  emplojrment, 
and  that  the  establishment  of  minimum  rates  by  the 
Trade  Boards  has  in  several  cases  been  followed  by  a 
greatly  strengthened  Trade  Union  Organization.  There 
is  thus  no  inconsistency,  but  rather  an  intimate  connec- 
tion between  the  protective  measures  we  recommend  and 
our  belief  that  the  best  hope  of  real  and  permanent  ame- 
lioration of  the  position  of  women  in  industry  lies  in 
Trade  Union  action.     (Page  173.) 

Memorandum  by  Dr.  Janet  Campbell,  to  Committee : 

7.  The  results  of  employment  of  women  under  war 
conditions  have  emphasized  the  importance  to  health  of 
good  food,  clothing  and  domestic  comfort  which  can  be 
obtained  when  the  wages  represent  a  reasonably  ade- 
quate recompense  for  labour.  They  have  also  proved 
that  properly  nourished  women  have  a  much  greater  re- 
serve of  energy  than  they  have  usually  been  credited 
with  and  that  under  suitable  conditions  they  can  properly 
and  advantageously  be  employed  upon  more  arduous  oc- 
cupations than  has  been  considered  desirable  in  the  past, 
even  when  these  involve  considerable  activity,  physical 
strain,  exposure  to  weather,  etc.     (Pages  251-2.) 


Minority  Report  of  the  War  Cabinet.  Committee  on 
Women  in  Industry,  Great  Britain,  Mks.  Sidney 
Webb.     Cmd.  135,     London,     1919, 

One  of  the  most  important  social  reactions  of  the 
resolute  enforcement  of  uniform  minimum  rates  is,  we 
believe,  its  continuous  influence  on  the  relatively  ineffi- 
cient. From  the  standpoint  of  promoting  the  maximum 
efficiency  of  production  we  have  seen  that  it  must  be 
counted  to  the  credit  of  the  enforcement  of  uniform 
minimum  rates  that  it  is  always  compelling  the  employer 
to  pick  his  workers  for  quality ;  and,  in  his  filling  of  va- 
cancies to  strive,  as  he  cannot  get  a  ** cheap  hand,*'  to 


83 

obtain  for  the  price  that  he  has  to  pay,  greater  skill  or 
strength,  a  higher  standard  of  sobriety  and  regular  ^t^ 
tendance,  and  a  superior  capacity  for  responsibility  and 
initiative.  The  fact  that  the  employer's  mind  is  thus  set 
on  getting  the  best  possible  workers  silently  and  imper- 
ceptibly reacts  on  the  wage  earners.     (Page  303.) 


Minimum  Wage  Laws  are  Good  Business.  Extracts  from 
Letters  hy  Employers  Operating  under  a  Legal 
Minimu/m  Wage.  National  Consumiers'  League. 
New  York.    October,  1920. 

Efficiency  of  the  Workers  Increased. 

H.  D.  Ormsby,  S.  S.  Kresge  Company,  Store  No.  54  (5 
and  10  cent  store)  Washington,  D.  C.  October  6, 
1920. 

*'I  believe  in  the  minimum  wage  in  the  District.  We 
are  getting  a  higher  standard  of  efficiency  as  a  whole, 
however  with  the  minimum  wage  has  come  the  necessity 
of  educational  work  on  salesmanship.  I  believe  the  mini- 
mum wage  has  brought  employers  and  employees  closer 
together  and  has  taught  the  employer  to  build  for  a  high- 
er standard  of  service  and  has  also  taught  employees 
that  greater  efficiency  must  come  with  higher  salaries. 
I  believe  as  a  whole  the  minimum  wage  is  a  step  toward 
higher  better  morals  which  is  so  greatly  needed  today  in 
all  walks  of  life. ' ' 


James  McComiack,  Pres.,  McCormack  Bros.,  (retail  drv 
goods)  Tacoma,  Wash.     Dec.  30,  1919. 

' '  I  am  a  strong  advocate  of  a  state  law  fixing  a  mini- 
mum wage  for  women.  From  personal  knowledge,  I  am 
convinced  that  it  has  been  a  benefit  to  the  women  wage 
earners  of  the  state  of  Washington,  as  well  as  to  the  em- 
ployer. I  am  opposed  to  a  wage  that  eliminates  initiative 
and  individual  effort.  I  am  strongly  in  favor  of  a  wage 
sufficient  to  cover  the  necessaries  of  life,  and  let  the 
worker  compete  for  the  wage  that  furnishes  the  luxuries. 
I  find  by  that  method  we  get  greater  efficiency. '' 


84 

Thomas  Roberts,  Roberts  Bros.,  (dry  goods,  shoes  and 
men's  furnishings)  Portland,  Ore.    Jan.  6,  1920. 
*^It  has  attracted  a  higher  grade  of  help  to  the  stores, 
and  also  while  the  wages  are  more,  the  efficiency  is  also 
more. '  * 

Elizabeth   C.   Quinlan,   The  Young-Quinlan   Co.,    (high 
grade  attire  for  gentlewomen)  Minneapolis,  Minn. 
Feb.  13,  1920. 
*^They'*    [minimum    wage    regulations]    **have    in- 
creased the  efficiency  of  employees  and  have  resulted  in 
girls  who  hitherto  worked  for  a  small  wage,  at  work  for 
which  they  were  not  fitted,  finding  suitable  employment 
where  they  could  earn  a  minimum  wage.    Anything  which 
drives  home  the  fact  that  a  business  is  most  prosperous 
when  all  its  employees  are  prosperous  and  free  from 
worry  cannot  help  but  be  a  great  influence  for  good  in 
the  community. '^ 

Tenth  Biennial  Report  of  the  Washington  Bureau  of 
Labor,  Statistics  and  Factory  Inspection.  1915- 
1916. 

Employers'  Comments. 

Mr.  A,  a  proprietor  of  a  ten-cent  store,  said  he  never 
realized  that  it  w^as  profitable  to  keep  efficient  help  as 
since  he  was -paying  his  girls  $10.00  per  week  it  was  not 
necessary  to  keep  close  tab  on  their  departments  at  all 
nor  straighten  the  counters  after  hours,  all  of  which  gave 
him  more  time  for  constructive  work  in  the  store. 

Mr.  B,  proprietor  of  a  5-10-15  cent  store,  who  has 
only  two  apprentices  and  one  minor  on  his  payroll  of 
forty-five  people,  said:  ^^If  the  minimum  wage  is  ever 
repealed  I  will  never  go  back  to  cheap  help,  for  I  find  it 
was  a  big  loss  to  our  business,  as  we  haven't  changed 
girls  under  the  minimum  wage  for  two  years,  while  be- 
fore we  had  from  two  to  five  changes  every  week." 

Mr.  C  said:  *^You  don't  hear  us  complain;  we  like 
it,  as  it  has  made  the  girls  more  efficient,  as  they  realize 
they  have  to  make  good  and  earn  the  wage  or  they'll  be 


85 

discharged.    It  serves  as  an  incentive  better  than  any- 
thing we  could  have  planned."    (Page  273.) 

I,  head  of  an  underwear  department,  Spokane,  said: 
**The  minimum  wage  has  surely  been  a  benefit  in  this 
department,  as  the  girls  under  me  have  become  50  per 
cent  more  efficient  since  they  receive  more  pay  and  the 
apprentices  have  all  made  good.'*    (Page  272.) 


The  Dennison  Minimum  Wage  Plan.    The  Survey.    Bee. 
4, 1920. 

The  Dennison  Manufacturing  Company  of  Framing- 
ham,  Mass.,  has  elaborated  an  interesting  minimum  wage 
plan  in  its  box  factory.  A  standard  of  performance  is 
set  and  girls  who  fail  to  meet  this  test  are  given  more 
training  or  are  transferred  to  other  work.  T.  G.  Port- 
more,  manager  of  the  works,  sums  up  the  experience  of 
the  company,  as  follows : 

At  the  end  of  each  month  a  carefully  tabulated  state- 
ment is  made  by  the  accounting  department  of  all  girls 
who  have  failed  to  reach  the  minimum  requirements  dur- 
ing the  month  preceding.  This  list  is  sent  to  the  employ- 
ment manager  who  then  discusses  personally  with  the 
division  superintendent  in  charge  of  the  various  girls  the 
case  of  each  of  them,  and  endeavors  to  find  out  why  each 
one  was  not  able  to  earn  the  minimum  amount. 

If  it  is  decided  that  the  reason  is  lack  of  training  the 
girl  will  immediately  be  transferred  into  the  training 
department  to  receive  more  experience  in  the  work.  As 
yet  no  transfers  of  this  sort  have  been  made.  If  it  is 
found  that  she  is  not  adapted  to  the  work  she  will  then 
be  transferred  to  another  department  in  the  factory 
where  the  particular  skill  such  as  is  needed  in  box  mak- 
ing is  not  required. 

In  the  case  of  the  girl  who  is  though  to  be  capable  of 
earning  the  requirement,  but  who  is  simply  not  working 
to  her  full  capacity,  the  division  superintendent  takes  the 
matter  up  directly  with  her,  and  warns  her  of  her  failing, 
talking  over  with  her  the  reasons  why  she  has  not  earned 


86 

her  minimum.  So  far  most  oases  have  been  these  cases 
where  warning  was  given. 

We  employ  in  box  making  568  women,  and  the  results 
we  have  obtained  during  the  three  months  of  the  opera- 
tion of  this  plan  with  them  are  these :  During  the  month 
of  July  in  which  our  box  division  worked  but  two  weeks 
there -were  seventeen  girls  who  fell  below  the  minimum 
requirements,  and  the  total  deficiency  was  in  excess  of 
$40.  During  the  month  of  August  the  number  of  delin- 
quent girls  had  been  reduced  to  ten,  although  the  total 
amount  of  deficiency  was  $43.  In  the  month  of  Septem- 
ber the  number  had  been  further  reduced  to  five,  and  the 
total  amount  of  deficiency  was  only  $6. 

We  have  been  obliged  to  discharge  no  girl  as  yet  on 
account  of  her  inability  to  make  the  requirements,  al- 
though in  one  or  two  cases  the  girls  failed  to  return  to 
work  when  they  had  been  told  about  the  possibility  of 
future  discharge  if  they  did  not  show  improvement. 

Eon.  Edward  W.  Olson,  former  chairmoM,  Washington 
Industrial  Welfare  Commission.  Tenth  Biennial 
Report  of  the  Bureau  of  Labor,  Statistics  and  Fac- 
tory Inspection.    1915-1916. 

The  important  branch  of  the  minimum  wage  legisla- 
tion is  that  of  apprenticeships.  Upon  this  rests  the  effi- 
cacy of  the 'entire  scheme.  Unless  apprenticeships  are 
properly  limited,  the  structure  falls  of  its  own  weight. 
Unless  the  question  is  controlled  by  the  state,  the  law  is 
practically  unenforceable.     (Page  268.) 

A  system  of  licensing  workers  is  in  effect.  Each  ap- 
plicant must  furnish  evidence  to  the  Commission  of  her 
former  experience  before  a  license  is  issued.  When  the 
license  is  granted,  the  apprentice's  name  is  registered 
for  future  reference.  The  license  is  operative  in  a  par- 
ticular establishment  only,  so  the  Commission  knows  how 
many  licenses  are  in  effect  in  all  the  state's  establish- 
ments. 

Frequently  the  Commission  makes  a  special  investi- 
gation before  a  license  is  issued.    The  terms  of  appren- 


87 

ticesliip  vary  from  thirty  days  to  one  and  one-half  years, 
according  to  the  skill  demanded.  When  the  apprentice- 
ship time  exceeds  three  months,  it  is  divided  into  two  or 
more  periods  with  wage  advances  each  period  till  the 
minimum  is  reached.  This  is  an  incentive  to  the  learner. 
Under  the  old  system  thousands  of  girls  were  made  to 
feel  they  were  misfits  because  they  worked  several  years 
at  wages  of  $5  or  $6  before  getting  any  increase.  They 
lost  interest.  Their  ambition  was  dwarfed.  Soon  they 
relegated  themselves  to  the  sub-average  class.  This  is 
an  impossibility  under  the  present  system. 

As  evidence  of  the  efficiency  of  the  apprentice-license 
system  is  the  following  table  of  the  number  of  workers 
and  apprentices  in  the  various  industries  of  the  state. 
The  figures  cover  employment  in  April,  1916,  nearly  two 
years  after  the  first  minimum  wage  became  effective. 
(Page  269.) 

Mercantile  Establishments. 

Total  number  of  women  employed 8,500 

Total  number  of  licensed  apprentices 609 

Includes  salesladies,  milliners,  dressmakers,  58  of 
which  are  receiving  $9  per  week;  36,  $8  per  week;  283, 
$7.50  per  week ;  113,  $6  per  week  or  over ;  119,  $6  per  week 
or  less,  most  of  the  latter  being  millinery  apprentices. 

Factories. 

Total  number  females  employed 5,300 

Total  number  of  licensed  apprentices 559 

Of  these  apprentices  225  are  receiving  $7.50  per  week 
or  over;  284,  $6  per  week  or  over;  and  50,  less  than  $6 
per  week. 

Laundries. 

Total  number  of  females  employed 2,800 

Total  number  of  licensed  apprentices 54 

Of  this  number  17  are  receiving  $7.50  per  week  or 
over;  and  37,  $6  per  week  or  over. 


88 

Telephone  Exchanges. 

Total  number  of  females  employed 3,200 

Total  number  of  licensed  apprentices 479 

Eeceiving  from  $6  to  $8  per  week. 

Office  Occupations. 

Number  of  females  employed 7,250 

Number  of  licensed  apprentices 6 

No  apprenticeships  exist  in  either  hotel  or  restaurant 
occupations.     (Pages  269-270.) 


Province  of  British  Columbia.  Annual  Report  of  the 
Department  of  Labour  for  the  Year  Ending  De- 
cember 31,  1919. 

Successful  employers  understand  the  advantages  that 
accrue  from  a  body  of  workers  rendered  cheerful  and 
contented  by  good  wages  and  conditions. 

Since  the  introduction  of  minimum-wage  legislation 
many  employers  with  large  staffs  of  workers,  having 
come  to  a  realization  that  an  undue  percentage  of  their 
help  was  below  the  proper  economic  standard  of  effici- 
ency, have  adopted  better  business  methods.  So  soon  as 
a  minimum  wage  was  ordered  in  their  industry  employers 
became  more-careful  in  the  selection  of  new  hands,  and 
demanded  greater  efficiency  not  only  from  these,  but 
from  their  executives  and  heads  of  departments.  Where 
formerly  an  employee,  untaught  and  unsupervised,  was 
allowed  to  stagnate  year  after  year  at  a  small  salary  in 
an  unimportant  department,  without  the  probability  of 
advancement  to  act  as  incentive  to  better  service,  today, 
because  she  must  be  paid  the  minimum  wage,  she  benefits 
in  that  the  employer  is  stirred  to  a  new  investigation  of 
his  pay-roll.  He  soon  perceives  that  an  employee  kept 
overlong  performing  trivial  duties  at  a  low  wage  is  a 
dead-weight  in  the  business.    (Page  85.) 

All  the  inefficiency  is  not  confined  to  the  employee. 
It  exists  fairly  often  in  the  office  and  management,  and 


89 

for  the  errors  and  mistakes  originating  there  incompe- 
tent employers  habitually  endeavoured  to  recoup  them- 
selves by  underpaying  the  workers. 

Employers  themselves  capable,  generally  appreciate 
and  understand  competence  in  others.  It  is  usually  the 
incapable  or  unbusinesslike  head  of  an  establishment  who 
undertakes  the  hopeless  task  of  attempting  to  make  his 
profit  on  the  difference  between  what  he  does  pay  his 
working  force  and  what  he  should  pay  them. 

An  undue  proportion  of  learners  or  inexperienced 
workers  placed  on  the  pay-roll  for  the  sake  of  a  lower 
wage  is  not  only  unjust  and  cruel,  but  is  a  clear  manifes- 
tation of  inferior  management  and  lack  of  executive 
ability. 

Under  the  Act  special  licenses  may  be  issued  to 
women  and  girls  handicapped  by  physical  defects  and  to 
*^  female  apprentices  in  any  occupation  in  which  appren- 
tices are  usually  employed.  .  .  .  The  number  of  special 
licenses  shall  not  exceed  in  number  one-seventh  of  the 
whole  number  of  employees,"  or  ''where  less  than  seven 
employees  are  employed  one  apprentice  holding  a  special 
license  may  be  employed. ' '    (Page  86. ) 


Canada  National  Industrial  Conference  of  Dominion  and 
Provincial  Governments  with  Representative  Em- 
ployers and  Labour  Men,  on  the  Subjects  of  Indus- 
trial Relations  a/nd  Labour  Laws,  and  for  the  Con- 
sideration of  the  Labour  Features  of  the  Treaty  of 
Peace.     Ottawa,  September  15-20,  1919, 

Miss  Helena  Gutteridge,  United  Garment  Workers,  rep- 
resenting women  workers : 

A  man  may  be  unskilled,  but  the  fact  that  you  employ 
him  shows  that  he  is  necessary.  No  one  employs  more 
help  than  he  has  to.  That  being  so,  the  workers  should 
be  paid  sufficient  to  enable  them  to  keep  the  human  ma- 
chine in  good  condition,  sufficient  to  enable  them  to  get 
plenty  of  food  and  rest  and  so  they  may  have  plenty  of 
energy  to  go  on  with  the  work  of  the  next  day. 


90 

Mr.  Grier  need  not  worry  about  the  skilled  worker. 
He  said  that  a  man  wiio  had  a  greater  degree  of  ability 
should  receive  more  than  one  who  had  not  so  much  abil- 
ity. I  agree  with  him;  but  that  does  not  alter  the  fact 
that  even  the  man  who  lacks  the  higher  degree  of  ability 
must  be  given  a  living  wage. 

We  have  been  told  during  this  Conference  that  the 
industries  of  the  country  could  not  possibly  stand  the 
strain  that  would  be  put  upon  them — that  they  would 
have  to  go  out  of  business.  If  that  is  true,  it  simply 
means  that  it  would  be  better  that  they  should  go  out  of 
business  than  exist  upon  the  degeneracv  of  the  workers. 
(Page  107.) 

I  work  at  the  tailoring  trade,  and  am  interested  in 
the  garment-making  trade.  The  textile  trade  is  a  some- 
what similar  line  of  industry.  It  is  in  some  of  those 
lines  we  are  told,  particularly  in  regard  to  the  wages  of 
women,  that  we  must  not  press  for  too  high  wages,  for 
those  industries  cannot  bear  it.  I  am  going  to  quote 
what  was  discovered  after  a  Government  investigation 
of  one  particular  industry,  the  Dominion  Textile  Mills. 
I  am  informed  that  recently  there  was  a  strike  of  the 
employees  of  that  particular  firm  for  increased  wages; 
and  that  that  strike  was  justified  is  quite  evident,  because 
the  investigation  showed  that  312  per  cent  profit  was 
made  by  that  particular  firm  during  the  four  years  of 
the  war.  Now,  Mr.  Chairman,  if  you  tell  me  that  an 
increase  in  wages,  or  a  living  wage  paid  to  the  workers 
in  that  industry,  is  going  to  drive  that  firm  out  of  busi- 
nesSy  is  going  to  ruin  it,  you  will  have  to  bring  forward 
some  very  great  proof  indeed,  in  view  of  the  results  of 
that  investigation  into  the  profits  that  were  made  by  that 
industry.  Now,  I  am  not  assuming  that  every  industry 
is  in  that  position ;  but  you  cannot  possibly  tell  me  that 
the  paying  of  an  adequate  living  wage  to  employees  in 
any  particular  industry  is  going  to  drive  that  industry 
out  of  business  unless  you  bring  forward  evidence  show- 
ing the  cost  of  the  operations  required  in  producing  the 
particular  articles  which  it  produces,  and  just  how  much 
there  is  of  what  you  call  profits.    (Pages  107-108.) 


91 

3.    Competing   Employers    Are   Benefited. 

Certain  employers  in  every  low  paid  industry  have 
paid  higher  wages  than  their  competitors  because  they 
believed  in  the  policy  of  good  wages.  Minimum  wage 
legislation  removes  the  disadvantages  of  the  **cut 
throat"   competitor. 

(1)     General  Statements. 

Second  Annual  Report  of  the  Minimum  Wage  Board  of 
the  District  of  Columbia,    December  31,  1919. 

There  were  found  to  be  very  marked  differences  in 
wage  rates  between  stores  of  the  same  type  and  great 
lack  of  standardization  within  an  individual  establish- 
ment. Interviews  with  employers  and  employees  re- 
vealed the  fact  that  to  a  considerable  extent  the  wage 
paid  was  the  result  of  an  individual  bargain.  The  woman 
who  demanded  more  got  more  and  the  woman  who  did 
not  ask  for  a  raise  seldom  received  one.  It  was  a  general 
practice  in  stores  to  instruct  the  new  employee  that  she 
must  on  no  account  tell  her  fellow  workers  what  wage 
she  was  receiving,  and  these  secrets  apparently  were  well 
kept.  This  secrecy  rendered  possible  unequal  pay  for 
equal  work.     (Page  8.) 


Third  Biennial  Report  of  the  California  Industrial  Wel- 
fare Commission.     1917-1918. 

In  1916,  22,000  women  were  employed  in  the  canning 
industry.  The  output  was  worth  approximately  $36,- 
000,000,  more  than  double  the  gold  output  of  the  state. 

The  conditions  that  have  existed  in  the  canning  indus- 
try throughout  the  United  States  have  too  often  been  the 
subject  of  inquiry  and  report  to  need  repetition  here. 
California  was  not  exempt  from  the  charge  of  low  wages 
and  poor  working  standards.  It  is  pleasant  to  state  that 
the  continuance  of  such  conditions  was  not  desired  by  the 


92 

management  of  the  canneries.  Just  as  soon  as  an  agency- 
was  made  available  that  could  insure  better  standards 
throughout  the  state,  so  that  no  one  progressive  plant 
would  be  subject  to  unfair  competition  of  unscrupulous 
managers,  the  cannery  owners  willingly  co-operated. 

What  has  been  accomplished — increase  in  wages,  de- 
crease in  hours  worked  and  great  improvement  in  sani- 
tary conditions,  assuring  wholesomeness  for  the  con- 
sumer no  less  than  for  the  employee — is  a  very  real  ac- 
complishment, the  more  difficult  of  attainment  because  of 
the  seasonal  nature  of  the  industry,  and  freedom  from 
previous  supervision.    (Page  10.) 

Fourth  Annual  Report  of  the  Minimum  Wage  Commis- 
sion of  Massachusetts.    December  31,  1916. 

Report  of  Women's  Clothing  Wage  Board. 
Financial  Condition  of  the  Industry. 

The  next  duty  of  the  board  was  to  inquire  into  the 
financial  condition  of  the  industry,  and  the  probable 
effect  thereon  of  an  increase  in  minimum  rates  to  $8.98  a 
week.    (Page  22.) 

The  results  of  the  board's  study  showed  that  the  in- 
dustry in  Massachusetts  competed  to  some  extent  with 
the  industry  in  other  manufacturing  centers.  Although 
it  was  found  that  the  great  bulk  of  the  products  of  this 
industry  in  Massachusetts  were  sold  in  New  England, 
the  board  felt  that  Massachusetts  industry  should  not  be 
forced  to  manufacture  on  such  terms  as  would  keep  it 
limited  to  the  present  market.  Nevertheless,  in  so  far 
as  the  investigation  yielded  any  facts,  these  did  not  indi- 
cate that  the  additional  labor  cost,  brought  about  by  the 
establishment  of  the  contemplated  minimum  wage,  would 
seriously  handicap  the  industry  in  competition  with  other 
States. 

A  survey  of  the  industry  revealed  anarchical  condi- 
tions which  were  substantiated  by  the  investigation. 
Little  capital  is  required  to  start,  and  this  is  often  ad- 
vanced by  the  large  retail  stores.    The  result  is  a  high 


93 

birth  rate  of  new  concerns,  bringing  inefficient  manage- 
ment and  poor  working  conditions  continually  in  compe- 
tition with  established  concerns,  forcing  prices  down  to 
the  cut-throat  level.  The  business  death  rate  is  corre- 
spondingly high,  but  there  are  always  new  concerns  tq^ 
take  the  field.  Even  among  established  houses,  manu- 
facturing substantially  the  same  lines  of  goods,  there  is 
little  uniformity  in  management,  rates  of  wages  or  cost 
accounting.  Some  establishments  reported  that  the  pro- 
posed minimum  wage  would  not  affect  their  business  at 
all ;  others  that  its  effect  could  be  met  by  better  manage- 
ment or  more  efficient  labor ;  others  that  it  would  decrease 
their  profits  to  a  slight  extent ;  others  that  it  would  drive 
them  out  of  business  in  Massachusetts.  The  investiga- 
tion indicated  all  of  these  possibilities.  Whether  or  not 
the  rise  in  wages  entailed  by  the  establishment  of  a  mini* 
mum  wage  could  be  offset  by  more  efficient  management 
and  labor  could  not  be  answered  positively,  but  many 
factories  which  were  already  paying  a  minimum  wage 
close  to  the  sum  suggested  were  apparently  in  sound 
financial  condition.     (Pages  23-24.) 

Mandatory  Minimum  Wage  Recommended. 

The  board  felt  that  if  the  minimum  wage  were  ac- 
cepted by  all  manufacturers  it  would  not  be  a  hindrance 
to  the  industry,  but  would  tend  to  equalize  wages  and 
relieve  the  more  progressive  factories  of  competition 
with  sweat-shops  and  family  shops.  On  the  other  hand, 
a  minimum  wage,  accepted  by  some  and  rejected  by 
others,  would  accentuate  the  inequalities  in  wages  paid 
by  different  establishments.  It  was  therefore  unan- 
imously voted  that  this  board  go  on  record  as  favoring 
a  mandatory  minimum  wage  at  the  earliest  possible  date. 
(Page  24.) 

Seventh  Animal  Report  of  the  Minimum  Wage  Commis- 
sion of  Massachusetts.    November  30,  1919, 

[The  evidence]  indicates,  further,  a  changing  atti- 
tude in  regard  to  the  minimum  wage  work;  a  recognition 


94 

on  the  part  of  many  business  men  that  a  minimum  wage 
is  as  much  in  their  interest  as  in  the  interest  of  their 
employees;  that  since  it  is  a  minimum,  and  not  a  stan- 
dard wage,  it  protects  them  from  unfair  competition  by 
leveling  up  rates  at  the  lower  end  of  the  scale  to  more 
nearly  approximate  those  set  by  representative  employ- 
ers in  the  occupation.     (Page  55.) 


Mmimum  Wage  Laws  Are  Good  Business.  Extracts  from 
Letters  hy  Employers  Operating  under  a  Legal 
Minimum.  Wage.  National  Consu<7ners'  League, 
New  York.    October,  1920. 

Employers  Who  Pay  a  Living  Wage  Protected  from 
Unfair  Competition. 

Preston  McKinney,  Secretary,  Canners  League  of  Cali- 
fornia, San  Francisco,  Cal.    March  11,  1920. 

**The  Act  has  been  in  effect  since  1916,  and  it  ^ives 
complete  authority  to  The  Industrial  Welfare  Commis- 
sion to  establish  minimum  rates  of  pay  for  women  and 
minors,  as  well  as  giving  the  Commission  very  complete 
authority  covering  sanitary  conditions  as  affecting  the 
workers  in  the  plants,  seating  arrangements,  safety  de- 
vices, etc. 

*^As  administered  by  Mrs.  Edson  and  the  other  mem- 
bers of  the  Commission,  we  are  convinced  that  the  in- 
dustry itself  has  benefited.  In  any  large  industry,  the 
majority  of  the  units  are  managed  by  broadminded  men 
who  see  the  human  as  well  as  the  business  side  of  their 
work,  but  it  is  equally  true  that  in  any  large  industry, 
a  certain  percentage  of  the  units  are  administered  by 
men  who  lack  these  elements.  The  effect  of  the  work  of 
the  Industrial  Welfare  Commission  has  been  to  bring 
up  the  'low  end'  and  in  so  doing,  has  served  to  place  com- 
petition on  a  better  basis. 

''Above  is  the  effect  on  the  industry  as  an  industry. 
We  have  in  addition  the  satisfaction  which  accrues  to  us 
because  of  the  knowledge  that  our  operatives  are  un- 


95 

usually  well  paid  and  work  under  particularly  favorable 
conditions.'' 

W.  T.  Gamage,  Supt.  Canning  Dept.,  Gorton-Pew  Fish- 
eries Co.,  Gloucester,  Mass.    Feb.  4,  1920. 

''The  raise  in  wages  is  of  advantage  to  the  more 
liberal  minded  employer  since  it  usually  forces  competi- 
tors who  have  paid  lower  wages  to  advance  their  pay, 
thereby  eliminating  an  unfair  advantage  possessed  by 
the  latter.  In  our  experience  w^e  found  that  no  employ- 
ers objected  to  the  recommendations  of  our  Board.  All 
employers  seemed  willing  to  submit  to  a  fair  advance  in 
wages,  provided  all  in  the  industry  were  placed  on  the 
same  basis.'' 

D.  D.  Dayton,  The  Dayton  Company,  Minneapolis,  Minn. 

Feb.  5, 1920. 

"There  isn't  any  question  that  a  minimum  w^age  helps 
all  legitimate  business  as  against  the  employer  who  has 
not  developed  to  the  point  where  he  realizes  that  good 
wages  are  a  good  investment." 

E.  L.  Thompson,  Treas.,  Portland  Woolen  Mills,  Port- 

land, Oregon.     Dec.  3,  1919. 

''It  has  removed  the  opportunity  of  the  wage  cutter 
and  inefficient  manager,  the  opportunity  of  under-selling 
and  taking  undue  advantage  of  his  more  just  and  right- 
eous competitor." 

B.  C.  Beck,  Store  Manager,  The  Bon  Marche,  Seattle, 
Wash.    Dec.  24,  1919. 

"Establishment  by  the  State  of  costs  of  living  in  va- 
rious trades  and  localities  is  surely  desirable.  Fixation 
of  minimums  related  to  these  living  costs,  below  which 
wages  paid  shall  not  fall,  only  assists  the  constructive 
employer  to  do  what  ought  to  be  done  by  forcing  the 
opportunist  employer  to  do  what  he  ought  to  do  any- 
way. ' ' 


96 

C.  C.  Carpenter,  Pres.,  The  MaoDougall  &  Southwick  Co., 
(retail  dry  goods)  Seattle,  Wash.    Dec.  31,  1919. 

**I  am  heartily  in  favor  of  a  minimum  wage  under 
control  of  the  State.  Such  control  protects  the  fair- 
minded,  right-thinking  employer.'' 

Washington  Tenth  Biennial  Report  of  the  Bureau  of  La- 
bor, Statistics  and  Factory  Inspection.    1915-1916. 

Employers'  Comments. 

E. — ^*^It  has  helped  our  store  wonderfully,  as  we  al- 
ways paid  good  wages  and  the  competition  was  keen  be- 
fore, now  we  have  clear  sailing." 

F,  proprietor  of  a  laundry,  said:  ^'The  eight-hour 
law  and  the  minimum  wage  are  two  of  the  best  laws  that 
have  ever  been  passed  for  the  laundryman.  It  does  away 
with  cutting  of  prices  and  helps  the  laundryman,  who 
has  always  wanted  to  pay  good  wages,  but  was  prevented 
on  account  of  competition."     (Page  274.) 

Provi/nce  of  British  Columbia.  Annual  Report  of  the 
Department  of  Labour  for  the  Year  Ending  De- 
cember 31,  1919. 

Minimum  wage  legislation  affects  beneficially  not  only 
employees  but  employers,  and  this  along  lines  not  always 
foreseen.  *^ Every  employer  who  desires  to  be  fair  to 
his  employees  now  knows  that  he  is  not  being  taken  ad- 
vantage of  by  a  less  competent  or  more  greedy  competi- 
tor who  attempts  to  undersell  him  by  forcing  down  the 
pay  of  employees."  (M.  B.  Hammond,  member  of  In- 
dustrial Commission  of  Ohio.)     (Page  85.) 

Hansard's  Parliamentary  Debates.  Vol.  107.  June  17, 
1918. 

Sir  E.  H.  Barran,  M.  P. : 

The  industry  with  which  I  am  connected  has  been 
working  for  nine  years  under  the  trade  boards,  and  we 


97 

are  satisfied  with  them,  and  we  should  be  glad  to  see  an 
extension  of  them.  They  have  been  a  very  great  advan- 
tage to  the  workpeople  without  being  a  corresponding 
disadvantage  to  the  employers.  They  have  done  a  great 
deal  to  level  up  the  wages  that  have  varied  in  different 
parts  of  the  county.  In  that  way  they  have^  been  of  as- 
sistance to  the  better  class  of  employers  against  the  less 
generous  class  of  employers.  In  many  trades  it  has  been 
a  great  disadvantage  to  have  a  lower  rate  of  wages  paid 
in  one  part  of  the  county  than  in  another,  and  nothing 
has  tended  more  to  level  up  the  rate  of  wages  to  a  reason- 
able living  wage  than  the  bringing  of  the  different  em- 
ployers and  workpeople  together  under  the  trade  boards. 
I  do  not  think  any  of  the  trades  that  have  been  working 
under  the  trade  boards  for  nine  years  would  wish  to  go 
back  to  the  old  system.     (Page  113.) 


The  Industrial  Outlook.  Essay  entitled,  The  War  and 
the  Wage  Earner,  Henry  Clay,  M,  A,  London. 
1917. 

Nothing  has  a  more  selective  influence  in  eliminating 
unfit  organizers  than  the  imposition  of  conditions  by  ef- 
fective Trade  Unions  or  the  State.  As  was  pointed  out 
above,  the  problem  of  efficient  production  admits  of  alter- 
native solutions.  The  imposition  of  conditions  may  make 
the  problem  a  little  more  difficult,  but  it  does  not  make  it 
insoluble.  In  industry,  as  in  art,  *  limitations  are  the 
artists^  opportunity.^'  Or  a  parallel  may  be  drawn  from 
golf :  you  do  not  make  it  impossible  to  go  round  in  bogey 
by  bunkering  the  course;  you  only  make  it  impossible 
for  the  second-rate  player,  and  make  it  easier  for  the 
latter  to  establish  his  superiority.  War  Factory  Acts, 
Wages  Boards,  the  standard  rate,  taxes  or  other  penal- 
ties on  irregular  employment,  are  so  many  bunkers  for 
the  employer  who  has  missed  his  vocation.  For  the  nat- 
ural organizer  they  are  opportunities,  if  they  make  his 
task  more  difficult,  they  tend  to  extend  his  influence  and 
increase  his  profits  by  removing  competitors  and  ena- 
bling him  to  absorb  their  trade.     (Page  104.) 


98 
(2)    Statistics. 

Wages  of  Women  and  Minors  in  the  Mercantile  Industry 
in  the  District  of  Coliimhia.  Monthly  Labor  Re- 
view of  the  Bureau  of  Labor  Statistics,  United 
States  Department  of  Labor,    June,  1919, 

It  is  seen  that  the  percentage  of  saleswomen  having 
rates  of  $12  or  less  ranged  from  17.9  per  cent  in  ladies' 
specialty  shops  to  86.4  per  cent  in  5,  10,  and  15  cent 
stores.  The  corresponding  percentage  in  department 
stores  was  57.3  per  cent.  In  the  group  receiving  $16  and 
over  the  same  divergence  was  found.  This  rate  was 
received  by  51.6  per  cent  in  ladies'  specialty  shops,  by 
21.2  per  cent  in  department  stores,  and  by  less  than  1 
per  cent  in  5,  10,  and  15  cent  stores.  It  is  obvious  that 
these  variations  were  due  in  part  to  the  differences  in 
the  character  of  salesmanship  required  in  the  different 
types  of  stores.  However,  a  detailed  study  of  depart- 
ment-store wages  showed  that  even  in  stores  of  the  same 
type  marked  differences  still  persisted.     (Page  199.) 

The  seven  department  stores  included  in  the  study 
employed  approximately  70  per  cent  of  all  the  women  for 
whom  wage  rates  were  obtained.  Similar  conditions  in 
these  stores  justify  comparison  of  their  wage  rates.  Both 
because  of  preponderance  in  workers  and  comparable 
conditions  &  more  detailed  analysis  has  been  made  of 
their  pay  rolls.     (Pages  200-201.) 


99 


Table  16. — Cumulative  Per  Cent  of  Women  Employees 
in  Seven  Department  Stores,  Receiving  Each 
Classified  Weekly  Rate  or  Under,  by  Occupation 
and  Establishment. 


Cumulative  Per  cent,  of  Women  Employees  Whose  Rates  of  Wages 

per  Week  Were— 

Occupation  and 
Establishments 

$8 

and 
under 

$9 

and 
under 

$10 

and 
under 

$11 

and 
under 

$12 

and 
under 

$13 

and 
under 

$14 

and 
under 

$15 

and 
under 

$16 

and 
over 

Saleswomen 
No.  1 

2.8 

'i'.i 

1.8 
.5 

4.2 
.6 

8.4 

21.1 
1.6 
9.7 
2.0 

32.7 
3.9 
25.6 
38.5 
19.8 
31.5 
6.1 

34.9 
3.9 
27.2 
45.0 
20.3 
33.6 
7.3 

58.6 
44.2 
67.7 
67.9 
57.7 
60.2 
39.7 

59.2 
48.1 
70.4 
77.1 
58.3 
61.6 
44.1 

67.6 
61.5 
76.4 
79.8 
69.0 
64.4 
55.1 

81.9 
76.9 
84.1 
95.4 
78.1 
76.1 
67.0 

18.1 
23.1 
15.9 
4.6 
21.9 
23.9 
33.0 

No.  2 

No.  3 

No.  4 

No.  5  . 

No.  6 

No.  7... 

Total. . . . 

1.9 

6.0 

23.5 

25.4 

57.3 

60.0 

67.4 

78.8 

21.2 

Office  Employees 
*  No.  1 

1.3 

■3;2 

10.0 

'9^9 
1.2 

26.9 
6.5 

11.6 

10.0 
5.2 

14.1 
7.8 

30.8 
6.5 

13.7 

10.0 
6.9 

14.1 
8.4 

43.6 
27.3 
20.0 
40.0 
36.2 
54.9 
27.6 

56.4 
32.5 
29.5 
70.0 
36.2 
54.9 
28.8 

62.8 
45.5 
42.1 
70.0 
41.4 
59.1 
42.5 

70.5 
63.6 
58.9 
90.0 
60.3 
71.8 
61.1 

29.5 
36.4 
41.1 
10.0 
39.7 
28.2 
38.9 

No.  2...   . 

2 

8 
1 

i 

4 

9 

No.  3 

No.  4 

No.  5 

No.  6 

No.  7 

Total 

1  « 

2.5 

11.5 

12.8 

33.1 

38.1 

48.2 

64.2 

35.8 

(Page  204) 

As  shown  in  these  tables,  establishment  No.  2  was 
paying  less  than  4  per  cent  of  its  saleswomen  at  a  rate 
of  $10  or  under,  while  in  establishments  Nos.  1,  4,  and  6, 
over  30  per  cent  were  being  paid  at  that  rate.  One-third 
of  the  saleswomen  in  establishment  No.  7  were  receiving 
$16  or  over  in  contrast  to  less  than  5  per  cent  in  estab- 
lishment No.  4.     (Pages  204-205.) 

The  same  striking  difference  in  rates  within  an  occu- 
pation is  shown  among  the  office  employees.  A  variation 
of  30  per  cent  is  shown  in  the  rates  paid  by  one  establish- 
ment over  those  paid  by  another. 

These  figures  prove  conclusively  that  within  a  given 
competitive  area  establishments  of  the  same  kind  may 
prosper  side  by  side  although  the  wage  level  may  differ 
from  one  to  another.  This  bears  out  the  oft-proven  fact 
that  there  is  no  connection  between  wage  rates  and  total 
labor  cost ;  that  where  the  highest  rates  prevail  the  lowest 


100 

labor  cost  may  be  found,  and  vice  versa.  It  is  generally 
conceded  that  high  wages  make  for  greater  efficiency. 
Furthermore,  organization  and  management  are  such 
important  factors  in  the  cost  of  carrying  on  a  business 
that  a  few  dollars  more  or  less  in  the  pay  envelope  of 
the  workers  may  be  more  than  offset  by  scientific  han- 
dling of  the  labor  force.    (Page  205.) 


Minimum  Wage  Board  of  the  District  of  Columbia.  A 
Study  of  the  Work  and  Wages  of  Women  in  Print- 
ing, Publishing  and  Allied  Trades  in  the  District 
of  Columbia.    January,  1919. 

Job  Printing  and  Publishing  Companies. 


Cumulative   Per   Cent 

of   Women    With   Rate   of 

Establishments 

Under 
$9 

Under 
$10 

Under 
$11 

Under 
$12 

Under 
$13 

Under 
$14 

Under 
$15 

Under 
$16 

$16  and 

Over 

No.    1 

0 

0 

0 

4. 
47.5 

0 

0 

0 

0 
20. 

0 

0 

Q. 

0- 

12.1 

0 

0 

4. 
47.5 

0 

0 

V 

20. 
0 
0 
0 

11.1 

42.2 
63.6 

0 

24. 
70. 
21.1 
14.3 

8.3 

0 
30. 

0 
22. 

0 
11.1 

60.6 
63.6 

0 

36. 
77.5 
31.6 
35.7 
33.3 

0 
30. 

0 
22. 

0. 
33.3 

81.8 
93.2 
8.7 
44. 
80. 
52.6 
42.9 
41.7 
37.5 
60. 
90. 
88.9 
50. 
44.4 

90.9 
97.7 
8.7 
44. 
80. 
52.6 
42.9 
41.7 
37.5 
80. 
90. 
88.9 
70. 
55.6 

90.9 
98. 
8.7 
56. 
80. 
52.6 
57.1 
66.7 
50. 
80. 
90. 
88.9 
70. 
55.6 

93.9 
100. 

91.3 

88. 

85. 

94.7 

78.6 

75. 
100. 

80. 

90. 
100. 

70. 

77.8 

6.1 

No.    2 

0 

No.    3 

8.7 

No.    4 

12. 

No.    5 

15. 

No.    6 

5.3 

No.    7 

21.4 

No,    8 

25. 

No.    9  .     .. 

0 

No.  10 

20. 

No.  11 

10. 

No.  12 

0 

No.  13 

30. 

No.  14 

22.2 

Average 

8.1 

10.3 

32.6 

40.7 

61.9 

65.5 

68. 

87.2 

12.8 

(Page  6) 


Five  Publishing  Houses. 


Per  Cent  of  Women 

with   Rate  of 

(Cumulative) 

Establishments 

Under 
$9 

Under 
$10 

Under 
$11 

Under 
$12 

Under 
$13 

Under 
$14 

Under 
$15 

Under 
$16 

$16  and 
Over 

No.  1 

0 

0 

0 

2.5 

0 

0 
0 

21.2 
17.5 
0 

0 

0 

34.6 
42.5 

0 

0 

3 
44.2 
47.5 

0 

0 

4.2 
46.2 
72.5 
51.7 

0 

20.4 
55.8 
72.5 
65.5 

0 

20.4 
78.8 
82.5 
65.5 

22.2 

30.6 

80.8 

90. 

79.3 

77.8 

No.  2 

69.4 

No.  3 

19.2 

No. 4 

10. 

No. 5 

20.7 

Average 

.3 

4.6 

8.9 

12.7 

20. 

33.2 

37.2 

46.6 

53.4 

(Page  7) 


101 

Massachii^etts  Minimum  Wage  Commission,  Bulletin 
No.  13.  December,  1916.  Wages  of  Women  in 
Men's  Clothing  and  Raincoat  Factories  in  Massa- 
cHusetts.  -_ 

A  marked  variation  in  the  wages  paid  to  workers  in 
different  establishments  is  shown  by  Table  4.  The  gen- 
eral level  of  wages  was  almost  identical  for  the  inside 
shops  as  a  whole,  and  the  contract  shops  as  a  whole. 
Variations  between  individual  establishments  in  the  same 
groups  were  conspicuous,  but  are  difficult  to  explain 
either  by  differences  in  locality,  in  the  kind  and  grade  of 
goods  made,  or  the  size  and  type  of  organization  of  the 
shop.     (Page  23.) 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  14.  May,  1917.  Wages  of  Women  in  Muslin 
Underwear,  Petticoat,  Apron,  Kimono,  Women's 
Neckwear  and  Children's  Clothing  Factories  in 
Massachusetts. 

The  marked  variation  in  the  wages  paid  in  individual 
underwear  factories,  which  is  shown  by  Table  12  appears 
to  bear  little  relation  to  the  kind  and  quality  of  goods 
produced.  For  example,  in  Establishment  1,  which 
specializes  in  the  manufacture  of  cheap  and  medium 
grade  machine-made  garments,  37.7  per  cent,  of  the 
workers  earned  an  average  wage  of  less  than  $5  a  week, 
and  only  7.9  per  cent,  earned  $9  or  more,  while  in  Estab- 
lishment 5,  which  produced  an  almost  exactly  similar  line 
of  goods,  only  9  per  cent,  earned  an  average  weekly  wage 
of  less  than  $5,  and  35.8  per  cent,  earned  $9  or  over. 
That  the  variation  in  the  wage  level  in  different  establish- 
ments is  not  necessarily  a  result  of  a  corresponding  vari- 
ation in  the  prevailing  hours  of  labor  is  shown  by  the  fact 
that  in  the  only  concern  from  which  information  regard- 
ing hours  was  obtainable  (Establishment  1)  the  hours  of 


102 

labor  were  relatively  long,  while  the  wages  paid  were 
relatively  low.    (Page  32.) 

Table  17  shows  a  great  variation  in  the  wages  paid 
by  individual  firms.  Establishments  1,  2,  3  and  4,  which 
produced  silk  garments,  were  found  to  pay  in  general 
higher  wages  than  Establishments  5,  6  and  7,  which  pro- 
duced garments  of  gingham,  sateen  or  other  cotton  goods. 
There  was  also,  however,  a  wide  divergence  in  this  re- 
spect between  individual  concerns  making  the  same  lines 
and  situated  in  the  same  locality.  In  Establishment  3, 
for  example,  85.2  per  cent,  of  the  women  workers  received 
an  average  weekly  wage  of  $9  or  more,  while  in  Establish- 
ment 4,  83.3  per  cent,  received  an  average  weekly  wage 
of  less  than  $9.  Again,  the  proportion  of  workers  earn- 
ing under  $7  a  week  varied  from  1.6  per  cent,  in  Estab- 
lishment 3  to  over  30  per  cent,  in  Establishments  1,  2  and 
4.  All  of  these  concerns  are  located  within  a  half  mile 
of  each  other  in  the  city  of  Boston,  and,  as  was  stated 
above,  make  approximately  the  same  style  and  quality 
of  garments.     (Page  33.) 

There  is  also,  however,  a  marked  variation  between 
establishments  making  the  same  lines  of  goods  (aprons 
and  kimonos)  which  cannot  be  accounted  for  by  differ- 
ences in  locality,  quality  of  product  or  labor  supply.  For 
example,  in  Establishment  2,  15.8  per  cent,  of  the  work- 
ers earned  ^9  or  over,  whereas  in  Establishment  4,  which 
produced  a  similar  line  of  garments,  no  workers  earned 
as  much  as  that  amount.    (Page  35.) 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  15.  December,  1917.  Wages  of  Women  in 
Shirty  Workingmen^s  Garments  and  Furnishing 
Goods  Factories  in  Massachusetts. 

Especially  to  be  noted  are  the  tables  which  show  the 
marked  variation  in  the  wages  paid  in  different  estab- 
lishments engaged  in  the  same  lines  of  manufacture. 
(Page  45.) 


103 

Table   10. — Average   Weekly   Earnings:    by   Establish- 
ments Making  Men's  Shirts. 


Per  cent,  of  Women  Earning  (Cumulative) 

- 

Establishments 

Under 
$3 

Under 
$4 

Under 
$5 

Under 
$6 

Under 
$7 

Under 
$8 

Under 
$9 

$9  and 
Over 

No.  1 

6.0 
2.6 
15.1 
1.0 
1.1 
1.4 

12.0 
7.7 
27.0 
10.2 
5.3 
8.2 

19.9 
20.5 
49.3 
16.3 
23.2 
30.1 

31.1 
41.0 
65.8 
28.6 
46.3 
46.6 

47.5 
55.8 
84.9 
46.9 
66.3 
74.0 

66.2 
73.1 
94.1 
61.2 
86.3 
86.3 

80.1 
84.6 
98.7 
75.5 
92.6 
97.3 

19.9 

No.  2    .               

15.4 

No.3 

1.3 

No.  4 

24.5 

No.  5 

7.4 

No.  6 

2.7 

Total 

5.6 

12.4 

24.2 

38.6 

56.0 

72.8 

84.5 

15.5 

(Page  47) 


Table   13. — Average    Weekly   Earnings:   by  Establish- 
ments Making  Overalls, 


Per  cent,  of  Women  Earning  (Cumulative)— 

Establishments 

Under 
$3 

Under 
$4 

Under 
$5 

Under 
$6 

Under 
$7 

Under 
$8 

Under 
$9 

$9  and 
Over 

No.  1 

1.1 
13.3 

8.0 

4.6 
31.7 
12.5 

46;  6 

5.0 

9.2 
71.7 
20.0 
10.0 
52.0 
10.0 

16.1 
86.7 
35.0 
30.0 
64.0 
20.0 

43.7 
95.0 
55.0 
56.7 
80.0 
50.0 

62.1 
98.3 
70.0 
80.0 
92.0 
65.0 

82.8 
98.3 
85.0 
86.7 
96.0 
80.0 

17.2 

No.  2                          

1.7 

No.3 

15.0 

No.  4    

13.3 

No.  5 

4.0 

No.  6 

20.0 

Total 

4.2 

14.9 

29.4 

41.6 

62.6 

76.7 

88.2 

11.8 

(Page  50) 


104 


Massachusetts  Minimum  Wage  Commission,  Bvlletin 
No.  19.  March,  1919.  Wages  of  Women  Employed 
in  \Ccmmng  and  Preserving  EstahlisJvments  in 
Massachusetts. 

Table  2  (b). — Weekly  Rates:  hy  Establishments  {Cumu- 
lative). 

[Based  on  pay-roll  records  for  the  period  July,  1917- 

June,  1918.] 

Fish  Canning  and  Preserving  Firms. 


Number  and  Per  cent,  of  Women  with  Weekly  Rates  of— 

Establishments 

Under  $6 

Under  $7 

Under  $8 

Under  $9 

Under  $10 

$10  and  Over 

Num- 
ber 

Per- 
cent. 

Num- 
ber 

Per- 
cent. 

Num- 
ber 

Per- 
cent. 

Num- 
ber 

Per- 
cent. 

Num- 
ber 

Per- 
cent. 

Num- 
ber 

Per- 
cent. 

No.l 

1 

i 

.7 

18 
34 

7 

12.2 
33.3 
43.8 

31 

78 

8 

3 

21.1 
76.5 
50.0 
20.0 

74 
78 
10 
15 

50.3 
76.5 
62.5 
100.0 

138 

102 

16 

15 

93.9 
100.0 
100.0 
100.0 

9 

6  1 

No.2 

No.3 

No.  4  . . 

«    ®    ^ 
Total.... 

2 

.6 

69 

18.9 

122 

39.1 

185 

59.3 

300 

96.2 

12 

3  8 

(Page  28) 
Preserve,  Pickle.,  Vegetable.,  Sauce  and  Meat  Canning  Firms 


No.  12 

> 

i> 

11 
2 

9 

12.0 
3.4 

19!6 

46 

4 

11 

34 

50.0 

6.8 

24.5 

73.9 

81 

5 

43 

45 

88.0 

8.5 

95.6 

97.8 

88 
48 
44 
46 

95.7 
81.4 
97.8 
100.0 

4 

11 

1 

4  3 

No.  13..... 

18.6 

No.  14 

2  2 

No.  15 

Total 

1 
3 

.4 
.5 

23 
82 

8.6 
14.2 

100 

222 

37.6 
38.4 

190 
375 

71.4 
64.9 

244 
544 

91.7 
94.1 

22 
34 

8  3 

Total  of  all  Es- 
tablishments. 

5.9 

Notr: — Of  the  660  persons  whose  records  were  studied,  data  concerning  rates  were  not  available  for 
workers. 

(Page  29) 


105 

MassacTiM^etts  Minimum  Wage  Commission.  Bulletin 
No.  20.  May,  1919.  Report  on  the  Wages  of 
Women  in  the  MilVmery  Industry  in  Massachu^ 
setts.  _ 

Table  2  (a). — Average  Weekly  Earnings:  hy  Establish- 
ments (Cumulative). 

Straw  Hats. 


Per  cent,  of  Women  Earning — 

Establishments 

Un- 
der 
$3 

Un- 
der 
$4 

Un- 
der 
$5 

Un- 
der 
$6 

Un- 
der 
17 

Un- 
der 
$8 

Un- 
der 

Un- 
der 
$10 

Un- 
der 
$11 

Un- 
der 
$12 

Un- 
der 
$13 

Un- 
der 
$14 

Un- 
der 
$15 

and 
Over 

No.  1 

.'".' 

.8 
1.7 
2.3 
1.5 
6.8 

... 

1.5 
9.1 
7.0 
3.0 
10.6 

4.9 
21.7 
15.8 

4.5 
18.9 

3.2 

6.7 

10.9 
42.9 
23.4 

8.2 
23.5 

9.7 
13.3 

17.0 
54.9 
31.6 
16.4 
36.4 
12.9 
13.3 

24.2 
64.0 
39.2 
19.4 
48.5 
19.4 
20.0 
13.3 

31.7 
75.4 
47.4 
26.1 
60.6 
29.0 
40.0 
26.7 

44.5 
79.4 
56.1 
34.3 
77.3 
32.3 
53.3 
53.3 

55.1 
84.0 
64.3 
42.5 
85.6 
48.4 
60.0 
60.0 

64.9 
90.3 
71.9 
49.3 
93.2 
54.8 
80.0 
73.3 

73.6 
97.7 
80.7 
59.0 
96.2 
71.0 
86.7 
73.3 

82.6 
98.9 
86.5 
70.9 
97.7 
77.4 
86.7 
80.0 

17.4 

No.2 

No.3 

No.4 

No  5 

1.1 
13.5 
29.1 

2.3 

No.  6 

No.  7 

No.8 

22.6 
13.3 
20.0 

Total 

.5 

2.1 

5.3 

11.8 

20.4 

28.9 

36.7 

45.9 

56.2 

64.6 

72.7 

80.6 

86.7 

13.3 

(Page  35) 


Bulletin  No.  4.  United  States  Women  in  Industry  Ser- 
vice. Wages  of  Ca/ndy  Makers  in  Philadelphia  in 
1919.    Jume,  1919. 

Wages  in  the  candy  industry  are  not  standardized. 
The  workers  are  unorganized  and  there  is  no  definite 
and  universally  accepted  method  of  determining  rates. 
This  lack  of  standardization  is  shown  in  the  great  diver- 
gence in  the  pay  rolls  of  the  factories  investigated. 
(Page  19.) 


106 

Table  8. — median  weekly  earInings  of  women  workers 
(not  including  forewomen)  employed  during  one 

weekly    pay-roll    period    in     1919,    BY    ESTABLISH- 
MENT. 


Establishment  No. 
I 

Number 

of  woman 

workers. 

483 

Median 
weekly- 
earnings. 

$10.32 

n 

91 

9.90 

Ill 

IV 

124 

84 

12.86 
12.03 

V  ...             

99 

9.81 

VI 

74 

9.25 

VII 

51 

7.41 

IX    .; 

41 

9.73 

X-.               

37 

9.03 

XI 

27 

8.90 

XII 

27 

8.90 

XIII 

XIV 

XV 

23 

24 

18 

10.18 
12.70 

10.85 

XVI 

XVII 

XVIII 

XIX 

XX 

9 

8 

7 

7 

3 

11.50 
10.50 
9.50 
12.25 
15.50 

Total 

1,237 

$9.76 

The  median  earnings  varied  from  $7.41  to  $15.50.  It 
is  natural  that  in  a  small  plant  like  No.  XX,  where  there 
is  less  specialization  and,  therefore,  less  opportunity  for 
mere  repetitive  processes  the  lower  paid  groups  should 
not  be  represented.  If,  for  example,  only  three  workers 
are  employed  and  two  are  dippers  at  $16  each,  the 
median  earnings  will  be  much  higher  than  in  another 
establishment  so  large  as  to  justify  a  separate  group  of 
packers  earning  approximately  $9  a  week.  Firms  Nos. 
II,  VII,  and  X  had  no  dippers  on  their  pay  rolls.  In 
establishment  No.  VI  at  the  time  of  the  investigation 


107 

the  workers  were  on  part  time.  But  it  is  significant  to 
note  that  in  the  larger  plants,  employing  50  or  more, 
the  median  earnings  vary  from  $7.41  to  $12.86.  It  is 
doubtful  whether  there  is  enough  variation  in  the  scale 
of  processes  in  these  different  plants  to  warrant  such- 
diversity  in  earnings.  Greater  standardization  would 
undoubtedly  be  advantageous  both  for  workers  and 
employers.    (Page  20.) 


108 

4.    An  Influence  Toward  Industrial  Peace  is  Created. 

It  is  not  possible  to  measure  quantitatively  the  value 
of  such  legislation  in  better  relations  between  employers 
and  employees.  But  spontaneous  expressions  of  the  bet- 
ter feeling  engendered  by  wage  board  conferences  and 
the  payment  of  a  living  wage  persuasively  demonstrate 
that  at  least  an  influence  has  been  created  toward  indus- 
trial peace. 

Third  Biennial  Report  of  the  California  Industrial  Wel- 
fare Commission.    1917-1918, 

Wage  boards  have  been  held  in  the  canning,  mercan- 
tile, and  laundry  industries,  and  their  recommendations 
proved  valuable  aids  in  the  subsequent  issuance  of  the 
commission's  rulings. 

It  is  not  required  of  the  commission  to  hold  wage 
boards  before  issuing  its  orders;  but  it  is  the  policy  of 
the  commission  to  avail  itself  of  the  expert  counsel  of 
those  experienced  in  an  industry  whenever  feasible. 

The  wage  board  may  be  defined  as  a  joint  conference 
of  employers,  employees  and  a  representative  of  the  com- 
mission. It  provides  a  common  meeting  ground  to  em- 
ployer and  employee  for  the  discussion  of  their  inter- 
ests. Since  both  are  serving  the  state  while  serving  the 
board  the  Weight  of  personal  demands  is  counterbal- 
anced by  a  sense  of  responsibility  to  the  public.  By  thus 
implanting  mutual  understanding,  the  wage  boards  ad- 
vance industrial  peace.    (Page  17.) 


Sixth  Annual  Report  of  the  Minimu^m  Wage  Commission 
of  Massachusetts.    November  30,  1918. 

There  is  a  growing  appreciation  among  employers 
of  the  beneficial  results  in  the  industrial  situation  of  this 
State  of  the  work  of  the  Commission  when  it  receives 
due  co-operation.     (Page  40.) 


109 

Seventh  Annual  Report  of  the  Minirrmfm  Wage  Commis- 
sion of  Massachusetts.    November  30,  1919. 

The  results  of  wage  board  activities  during  the  year 
just  ended  are  of  interest  for  several  reasons.  With 
the  single  exception  of  the  Corset  Wage  Board,  alL 
the  boards  have  submitted  unanimous  reports;  and  in 
this  particular  instance  only  one  vote  was  lacking  to 
secure  the  same  result.  In  distinction  from  the  prec- 
edent set  by  a  majority  of  the  former  boards,  all  of 
those  reporting  this  year  have  recommended  a  minimum 
rate  which  would  meet  the  cost  of  living  as  they  deter- 
mined it.*  The  rates  recommended  are  higher  than  those 
fixed  the  previous  year,  and  considerably  above  any  in 
effect  in  1918.  The  average  of  the  four  sets  of  deter- 
minations reported  in  1919  is  approximately  $13.  The 
determinations  of  the  Men's  Clothing  and  Eaincoat  Wage 
Board,  fixing  a  $15  minimum,  represent  the  highest  rate 
provided  by  any  minimum  wage  decree  in  this  State. 
(Pages  34-35.) 

The  conduct  of  wage  boards,  it  is  true,  presents  ex- 
tremely difficult  problems.  The  standards  of  the  various 
boards  differ  greatly,  and  the  action  of  individual  boards 
is  sometimes  disappointing.  Notwithstanding  these  lim- 
itations, the  work  is  of  distinct  educational  and  social 
value.  In  addition  to  their  concrete  purpose  of  improv- 
ing wage  conditions  for  women  and  girls  and  in  removing 
unfair  competition  within  an  industry,  the  wage  boards 
contribute,  although  on  a  small  scale,  towards  a  solution 
of  some  of  the  serious  industrial  problems  of  to-day.  In 
so  far  as  they  succeed  in  bringing  together  groups  with 
conflicting  views,  and  inducing  them  to  recognize  the 
community  of  their  interest  and  their  mutual  obligation 
to  the  Commonwealth,  in  so  far  as  they  succeed  in  re- 
placing prejudice  with  understanding,  suspicion  with 
confidence  and  respect,  they  are  helping  to  remove  some 
of  the  underlying  causes   of  industrial  unrest.     It  is 

♦  [Minimum  wage  law  ch.  706,  Sec.  5,  1912.  Each  wage  board  shall  take 
into  consideration  the  needs  of  the  employees,  the  financial  condition  of  the 
occupation,  and  the  probable  effect  thereon  of  any  increase  in  the  minimum 
wages  paid,  etc.] 


110 

through  the  recognition  and  conscious  development  of 
this  service  that  the  fullest  possibilities  of  the  wage 
boards  can  be  realized.    (Page  60.) 


House  of  Representatives.  Sixty-Fifth  Congress,  Sec- 
ond Session.  Hearings  before  the  Subcommittee 
of  the  Committee  on  the  District  of  Columbia  on 
H.  R.  10367.  Providing  for  the  Establishment  of 
a  Minimum  Wage  Scale  in  the  District  of  Colum- 
bia for  Women  and  Children.    April  16, 1918. 

Statement  of  Miss  Julia  O'Connor,  President  Massa- 
chusetts Telephone  Operators'  Union,  Member  of  the 
Women's  Trade-Union  League  and  of  the  Brush  Makers' 
Wage  Board  and  the  Retail  Store  Wage  Board  of  Massa- 
chusetts. 

[In  answer  to  the  question:  Did  you  find  as  a  result 
of  these  conferences  between  the  representatives  of  the 
employees  and  the  employers  that  the  two  sides  came 
into  more  harmonious  relations?] 

Miss  O'Connor:  Absolutely,  sir. 
(Pages  38-39.) 


Minimum  Wage  Laws  Are  Good  Business.  Extracts  from 
Letter s'by  Employers  Operating  Under  a  Legal 
Minimum^  Wage.  National  Conswmers'  League, 
New  York,  October,  1920. 

Labor  Conditions  Stabilized. 

David  J.  Groldberg,  Executive  Director,  Boston  Dress  and 
Waist  Manufacturers  Association,  Boston,  Mass. 
May  15,  1920. 

^  ^  It  is  my  belief  that  a  minimum  wage  properly  arrived 
at  and  duly  enforced  works  to  the  benefit  not  only  of  the 
employe  but  of  the  employer  and  the  State  as  well.  A 
proper  minimum  standard  insures  to  a  self-supporting 
woman  at  least  such  a  wage  as  shall  enable  her  to  main- 


Ill 

tain  herself  in  respectability  and  good  health.  It  places 
on  industry  the  just  obligation  of  supporting  its  own 
workers  and  affords  to  the  liberal  and  broad-minded  em- 
ployer protection  against  unjust  competition  on  the  part 
of  those  who  would  underpay  their  labor  regardless  ^f 
any  standards." 

*^An  adequate  minimum  wage  makes  for  a  more  con- 
tented labor  body,  for  there  is  nothing  more  conducive  to 
unrest  or  agitation  than  an  inability  to  earn  a  decent  liv- 
ing without  sacrifice  of  principle,  character  or  health. 
The  State  by  providing  such  minimum  wage  fulfills  one 
of  the  functions  of  government  which  is  to  give  to  its 
people  every  means  and  opportunity  for  right  living  and 
growth.  ^ ' 

Luther  C.  White,  Employment  Manager,  Clothing  Manu- 
facturers'  Association  of  Boston,  Mass.  Feb.  1, 
1920. 

**In  short,  I  believe  that  a  reasonable  minimum  makes 
for  stability  in  labour  conditions — ^the  main  thing  we  need 
today.'' 

E.  L.  Thompson,  Treas.,  Portland  Woolen  Mills,  Port- 
land, Ore.    Dec.  3,  1919. 

*  *  The  fact  is  it  has  had  a  settling  effect  in  business. ' ' 

A.  N.  McDole,   McCusick-Towle  &  Co.,  Manufacturing 
Confectioners,  Minneapolis,  Minn.    Feb.  6,  1920. 

**  Better  wages  have  had  a  tendency  to  cut  down  labor 
turn-over  and  that  statement  alone,  would  justify  this 
sort  of  legislation  to  a  very  large  extent ' ' 


The  Minimum  Wage  for  Women  and  Girls  in  Manitoba. 
Winnipeg.     October,  1920. 

The  Minimum  Wage  Act  of  Manitoba,  while  resem- 
bling in  a  general  way  similar  legislation  throughout  the 


112 

world,  is  different  in  the  one  particular,  that  it  makes  no 
provision  for  Trades-Boards  being  called  for  each  in- 
dustry. The  Board  accordingly  adopted  the  plan  of  call- 
ing representatives  of  both  employers  and  employees  in 
each  industry  into  conference  with  itself.  The  result  has 
been  singularly  happy. 

Since  the  first  meeting  of  the  Board  on  the  26th  of 
April,  1918,  it  has  held  36  such  conferences  with  the  in- 
dustries of  Winnipeg,  Brandon,  St.  Boniface  and  St. 
James  which  employ  women.  It  has  carefully  studied  the 
distinctive  features  of  each  trade,  in  joint  session  with 
some  who  knew  it  intimately,  and  in  every  case,  with  ex- 
ceptions too  trifling  to  signify,  has  succeeded  in  framing 
regulations  which  have  been  approved  and  agreed  upon 
as  fair  and  reasonable  by  the  members  of  the  conferences. 

The  expectation  of  the  Board  in  regard  to  the  good 
effects  arising  from  these  conferences  has  been  realized 
in  many  respects.  The  Board  believes  that  these  confer- 
ences will  have  the  effect  not  only  of  protecting  and  ad- 
vancing the  interests  of  the  women  workers  of  the  prov- 
ince, but  also  of  promoting  good  feeling  between  them  and 
their  employers,  and  of  stimulating  the  productive  ef- 
ficiency of  the  industries  as  a  whole.  In  the  era  of  indus- 
trial re-adjustment,  upon  which  the  world  is  now  enter- 
ing, when  labor  conditions  may  become  less  favorable  to 
women,  these  regulations  may  give  them  greater  security 
in  their  work  and  wages.     (Page  3.) 

The  Board  cannot  express  too  cordially  its  apprecia- 
tion of  the  assistance  given  it  by  the  representatives  of 
both  employers  and  employees,  who  have  met  with  it  in 
the  conferences.  They  have  frankly  and  sincerely  ac- 
cepted the  basic  implication  of  the  Minimum  Wage  Act ; 
that  an  employment  which  utilizes  a  woman's  productive 
power  owes  her  at  least  a  decent  livelihood.  They  have 
contributed  their  intimate  knowledge  of  the  special  in- 
dustrial and  living  conditions  in  each  case;  and  their 
reasonableness  and  good-will  have  been  such  that  the 
regulations  ultimately  adopted  were  always  first  framed 
as  an  agreement  within  the  industry  before  they  became 
a  law  imposed  by  the  Board.    (Page  6.) 


113 

Hansard's  Parliamentary  Debates,     Volume  96.     Jvly 
19,  1917. 

Mr.  Prothero  (Rt.  Hon.  Lord  Emle),  President  of  the 
Board  of  Agriculture : 

The  Wages  Boards  will,  I  believe,  when  a  certain 
amount  of  prejudice  against  the  innovation  has  been 
overcome,  prove  to  be  valuable  institutions  in  our  rural 
life.  I  am  not  an  advocate  for  their  being  called  into 
being  on  any  other  ground  than  that  I  believe  they  will 
help  to  bring  employers  and  employes  together,  as  they 
have  never  been  hitherto.  I  believe  as  time  goes  on  that 
will  be  the  effect  of  having  these  Wages  Boards.  See 
what  they  mean.  They  mean  that  two  equal  bodies  of 
employers  and  employed  meet  and  talk  over  wages.  One 
of  these  two  sections  no  doubt  represents  the  interests 
of  the  trades  concerned,  and  the  other  will  represent  the 
interest  of  what  is  the  cost  of  living.  They  will  discuss 
matters  and  gradually  come  to  the  point  of  agreement. 
In  that  process  there  is  no  doubt  they  will  get  to  know 
one  another  very  much  better  than  before.  Wages  Boards 
will  be  a  boon  in  this  county  if  they  are  properly  worked 
without  political  or  social  bias.  They  will  impart  into 
the  hard  economic  laws  of  this  county  something  of 
morality  and  something  of  conscience,  and  that  is  what 
we  expect  them  to  do.    (Page  622.) 


114 

5.    General   Statements  in  Favor  of  the  Legislation. 

Besides  the  statistical  proof  of  the  success  of  mini- 
mum wage  legislation  there  is  increasing  public  opinion 
in  favor  of  the  measure  and  of  the  standard  of  a  living 
wage.  It  has  been  endorsed  by  public  commissions  inves- 
tigating industrial  problems,  by  committees  and  boards, 
by  eminent  statesmen,  government  officials,  employers, 
employees  and  the  churches. 

(1)    In  America. 

Third  Biennial  Report  of  Arkansas  Bureau  of  Labor  and 
Statistics,     1917-1918. 

The  Minimum  Wage  Law  is  one  of  the  best  protective 
measures  for  labor  upon  the  statute  books  of  Arkansas, 
for  those  who  are  protected  by  its  provisions  are  in- 
variably unorganized  and  have  no  way  of  compelling 
employers  to  give  them  a  shorter  work  day  and  a  living 
wage,  hence  the  law  steps  in  and  protects  the  weak. 
(Pages  14-15.) 


Third  Bieimial  Report  of  the  California  Industrial  Wel- 
fare Vommission,     1917-1918, 

Summing  up  the  accomplishments  of  the  mercantile 
order,  the  effects  were  found  to  be: 

1.  That  no  establishment  was  forced  out  of  existence 
by  the  order. 

2.  That  the  number  of  employees  was  not  decreased, 
but  increased  10  per  cent. 

3.  That  the  minimum  wage  does  not  become  the  stand- 
ard. In  California  it  did  raise  the  wage  representing 
the  largest  number  of  employees  from  the  $9  to  the 
$10  group. 


115 

4.  That  the  minimum  wage  does  not  become  the  maxi- 
mmn  for  the  number  in  the  high-pay  groups  increased. 
Other  conditions  that  are  entirely  separate  from  the 
minimum  wage  very  definitely  limit  the  size  of  the  higher- 
pay  groups. 

5.  That  the  minimum  wage  is  a  real  remedial  meas^ 
ure.  The  lowest-pay  groups  were  eliminated  entirely. 
The  percentage  in  the  other  low  groups  was  restricted 
to  25  per  cent  of  the  number  of  employees.  The  changes 
were  not  brought  about  by  general  industrial  conditions. 
There  was  no  noticeable  movement  toward  an  advance  in 
wages  of  women  at  any  time  in  the  three  years  from  1914 
to  1917.  There  were  no  new  factors  introduced  in  the 
few  months  from  April  to  September,  1917,  that  would 
cause  such  an  advance. 

The  low-wage  groups  have  no  surplus.  All  they  earn 
must  be  spent  for  necessaries.  They  will  not  risk  even 
one  day's  unemployment  of  their  own  choice.  They  do 
not  have  the  funds  to  provide  the  nourishment  that 
would  give  them  the  courage  to  demand  better  working 
conditions.  Competitive  conditions  in  industry  do  not 
permit  a  voluntary  increase  in  wages  that  would  not  be 
common  to  all  firms.  A  living  wage  is  not  granted  until 
the  public  demands  it  for  its  own  preservation.  Not 
until  the  Industrial  Welfare  Commission  passed  the 
mercantile  order  did  a  noticeable  increase  in  wages  and 
improvement  in  working  conditions  take  place.  (Page 
48.) 

A  summary  of  the  effects  of  the  order  of  the  Indus- 
trial Welfare  Commission  in  the  laundry  industry  leads 
to  the  same  conclusions  as  in  the  mercantile  industry: 

1.  No  establishment  was  forced  out  of  existence  by 
the  order. 

2.  Employees  did  not  lose  their  positions  because  of 
the  order. 

3.  The  minimum  wage  does  not  become  the  standard. 
It  is  true  that  in  October  56  per  cent  of  the  laundry 


116 

workers  received  a  rate  less  than  $10.  This  decreased 
in  January  to  22  per  cent,  or  by  34  per  cent.  In  Octo- 
ber, there  were  only  15  per  cent  in  the  $10  groups.  This 
increased  in  January  to  47  per  cent  or  by  32  per  cent. 
It  is  equally  true  that  27  per  cent  received  $9  in  October 
and  this  was  the  standard  wage  then,  with  56  per  cent 
receiving  $9  and  under.  The  minimum  does  not  become 
the  standard  but  does  better  the  standard  wage. 

4.  As  to  the  effect  of  the  minimum  wage  upon  the 
highest  paid  groups,  the  same  comment  already  made 
in  regard  to  the  minimum  wage  becoming  the  maximum 
may  be  repeated.  Those  receiving  the  highest  wages  are 
those  employed  on  the  few  highly  skilled  operations. 
The  need  for  this  group  does  not  increase  in  direct  pro- 
portion with  the  business,  but  at  a  slower  ratio.  Better 
pay  promotes  general  efficiency  of  the  management  as 
well  as  the  worker,  and  the  need  of  supervisory  em- 
ployees is  decreased  rather  than  increased.  This  is  off- 
set to  a  certain  extent  in  the  total  of  wages  paid  by 
the  fact  that  the  minimum  pushes  up  the  wages  along 
the  whole  line.  The  minimum  may  not  increase  the  num- 
ber of  the  highest  paid  positions.  It  is  certain  that  the 
minimum  does  not  become  the  maximum. 

5.  The  minimum  wage  is  a  beneficial  measure.  The 
lowest  pay  groups  have  been  eliminated.  The  number 
in  the  other  low  pay  groups  have  been  restricted.  This 
has  been  accomplished  without  adversely  affecting  the 
number  of  employees,  or  the  wages  of  the  higher  paid 
groups.     (Page  87.) 


Second  Report  of  The  Colorado  Industrial  Cojnmission. 
December  1,  1917,  to  December  1,  1918. 

The  Commission  from  a  careful  study  of  the  (mini- 
mum wage  and  labor  law  for  women  and  children)  is  con- 
vinced that  it  is  right  in  principle,  and  that  it  is  practic- 
able and  workable.  When  the  Legislature  passed  this 
Act  in  1917,  it  appropriated  only  enough  money  to  pay 


117 

the  salary  of  the  Secretary,  authorized  to  be  appointed 
by  the  Act.    (Page  127.) 

There  have  been  no  formal  adjudications  by  the  Com- 
mission, nor  formal  investigations  since  this  Act  was 
enacted.  At  the  time  it  became  effective  this  country  had 
already  become  an  actor  in  the  Great  World  War,  and  as 
a  consequence  thereof,  there  was  a  rapid  change  in  the 
situation  of  women  and  minors.  With  the  voluntary 
enlistment  and  drafting  of  thousands  of  able-bodied 
males  of  this  country,  the  demand  for  women  and  minors 
in  the  industries  grew  apace.  The  position  of  women 
as  being  limited  to  but  a  few  certain  callings,  changed, 
and  the  employers  of  the  country,  through  necessity, 
were  compelled  to  employ  women  in  industries,  filling  the 
positions  formerly  occupied  by  skilled  men.  The  demand 
thus  created  enabled  women  and  minors  to  demand  and 
receive  what  was  for  them  unheard  of  wages.  In  most 
cases  the  women  demanded  and  often  received  the  same 
wages  formerly  paid  to  men,  and  as  a  result,  the  demand 
exceeded  the  supply;  this  being  the  case,  and  employers 
being  compelled  to  go  out  into  the  open  market  and  com- 
pete for  this  class  of  labor,  there  was  no  cause  for  com- 
plaint from  the  classes  affected  by  the  Act,  and  conse- 
quently this  Commission  had  had  very  little  practical 
work  to  do  thereunder.  No  formal  demands  or  requests 
for  investigations  authorized  by  the  Act  were  filed.  A 
few  isolated  individual  complaints  were  received  and 
adjusted  without  the  necessity  of  any  formal  proceed- 
ings, and  a  few  anonymous  complaints  were  received 
which  could  not  be  verified.     (Pages  127-128.) 

The  Commission  believes  that  the  Act,  as  it  is  now 
upon  the  books,  is  not  only  practical  and  workable,  but 
contains  many  beneficent  features,  but  the  incoming  Leg- 
islature should  either  appropriate  a  sufficient  amount  of 
money  to  enable  the  Commission  to  properly  perform 
the  duties  imposed  upon  it  by  the  Act,  or  repeal  it.  We 
believe  that  repeal  is  unwise,  because  in  the  reconstruc- 
tion days  following  the  war,  industrial  changes  of  vast 
importance  will  undoubtedly  ensue,  so  as  to  again  place 
women  and  minors  in  the  position  where  they  may  have 
to  seek  the  protection  of  the  law.    (Page  128.) 


118 

First  Biennial  Report  of  the  Kansas  Industrial  Welfare 
Commission.    1915-1917, 

The  inability  of  women  workers  to  protect  themselves, 
the  effect  upon  them  of  the  strain  of  industry  and  the 
harmful  results  to  future  generations  when  the  mothers 
of  the  race  are  caused  to  work  under  such  conditions  as 
undermine  their  health,  have  caused  public  opinion  to 
demand  special  protection  for  these  women.  Society 
begins  to  feel  the  necessity  for  helping  these  women  to 
find  their  places  in  industry  and  for  making  these  places 
suitable  to  work  in.  Much  of  this  protection  has  been 
offered  in  the  way  of  regulating  hours  and  establishing 
standards  of  wages  such  as  will  offer  women  a  comfort- 
able and  normal  living. 

The  number  of  females  of  ten  years  and  over  engaged 
in  gainful  occupations  the  [1910]  census  shows  to  be 
80,694,  or  13  per  cent  of  the  entire  female  p^opulation. 
(Page  5.) 

The  very  low  wages  often  received  by  women  work- 
ers make  such  a  minimum  rate  of  especial  importance. 

Long  after  the  police  power  of  the  state  had  been  in- 
voked to  limit  women's  hours  of  labor  the  question  of 
wages  was  left  to  be  settled  by  the  individual  or  by 
collective  bargaining.  Eealization  of  the  poverty  in 
which  many  working  women  exist,  however,  was  gradu- 
ally brought  to  our  legislators  through  numerous  com- 
prehensive reports  by  federal  and  state  bureaus.  (Page 
9.) 


Hon.  Edward  W.  Olson,  former  chairman,  Washington 
Industrial  Welfare  Commission.  Tenth  Biennial 
Report  of  the  Bureau  of  Labor,  Statistics  and 
Factory  Inspection.    1915-1916. 

Three  short  years  ago,  more  than  half  the  women 
workers  of  the  state  of  Washington,  exclusive  of  the 
women  employed  in  the  lonely  life  of  household  domes- 
tics, were  receiving  lower  wages  than  the  minimum  re- 
quired to  support  them  in  lives  of  virtue  and  decency. 


119 

Today,  the  42,225  women  employed  in  the  state's  indus- 
tries, notwithstanding  the  past  three  years  have  been 
years  of  industrial  depression,  receive  enough  pay  for 
their  services  to  enable  them  to  live  in  decency  and  com- 
fort.   They  secure  approximately  $21,957,000.     ^ 

The  startling  change  in  condition  is  due  to  the  enact- 
ment of  the  minimum  wage  law,  one  of  the  reform  legis- 
lations in  which  the  far  western  states  lead.  The  law, 
passed  in  spite  of  strenuous  opposition  from  employers 
though  with  the  strong  approbation  of  the  club  women, 
now  gives  general  satisfaction.  Though  it  means  a  larger 
sum  in  pay  checks  for  the  miajority  of  employers  of 
female  labor,  few  of  them  would  willingly  see  the  law 
repealed.  They,  as  well  as  the  women  directly  benefited 
by  it,  are  more  and  more  convinced  the  law  is  a  wise  and 
profitable  legislation  for  both  employer  and  employe. 
(Page  265.) 

The  minimum  wage  regulations  have  been  in  con- 
struction for  the  last  three  years,  during  which  standard 
minimum  rates  of  pay  for  women  have  been  established 
in  five  leading  industries  and  in  various  occupations. 
The  work  has  been  accomplished  through  the  Industrial 
Welfare  Commission,  which  is  empowered  with  legisla- 
tive and  administrative  authority. 

The  Commission,  which  undertook  its  work  when 
serious  business  depression  existed,  was  confronted  with 
many  seemingly  unsurmountable  obstacles.  The  over- 
loaded labor  market  had  forced  wages  to  a  very  low 
standard.  In  its  preliminary  survey  the  Commission 
found  the  average  wage  but  little  in  excess  of  wages 
for  like  industries  in  the  East,  though  the  cost  of  living 
is  greater  in  the  West.  In  mercantile  establishments  50 
per  cent  of  the  females  were  receiving  less  than  a  living 
wage,  while  a  large  group  of  workers  receiving  less  than 
$7.00  weekly  and  some  as  little  as  $3.00  consisted  of 
women  entirely  on  their  own  resources.  In  factories  the 
wage  standard  was  still  lower,  with  more  than  60  per  cent 
receiving  less  than  a  living  wage.  Less  than  40  per  cent 
of  the  laundry  workers  earned  enough  for  self-main- 
tenance.   The  majority  of  the  women  employed  in  hotels 


120 

received  less  than  a  living  wage  though  waitresses  were 
almost  invariably  receiving  adequate  pay.  In  telephone 
exchanges  about  40  per  cent  were  paid  less  than  enough 
for  decent  maintenance. 

In  each  case,  the  wage  rate  determinations  of  the 
Commission  are  based  on  the  estimated  cost  of  living 
of  a  self-supporting  women.  No  other  basis  could  be 
just.  To  arrive  at  a  proper  conclusion  in  this  matter 
it  was  found  necessary  to  conduct  an  extensive  investi- 
gation into  this  question.     (Page  267.) 

The  conferences  decided  women  employed  in  stores  or 
general  office  work  have  an  annual  expense  of  $520; 
women  in  factory  occupations,  $462.80;  women  in  laun- 
dries, telephone  exchanges  and  general  hotel  occupations, 
$468 ;  waitresses  in  hotels  and  restaurants,  $572.  Allow- 
ances were  made  in  the  budgets  for  two  weeks'  vacation 
expense,  dues,  insurance,  amusements  and  church.  These 
averaged  $36.74  per  year  or  70  cents  weekly.  No  allow- 
ance was  made  for  time  loss  during  sickness  or  unem- 
ployment, in  which  cases  the  unfortunate  women  must 
apparently  rely  on  the  dispensation  of  Providence  alone. 
(Pages  267-268). 

The  weekly  minimum  wage  rates  for  women  over  18 
years,  in  accordance  with  the  living  expense  budgets,  are : 
Mercantile  occupations,  $10;  factory  work,  $8.90;  laun- 
dry work,  $9 ;  telephone  exchange  occupations,  $9 ;  hotel 
occupations  "other  than  waitress,  $9,  and  office  occupa- 
tions, $10. 

It  is  estimated  that  75  per  cent  of  the  regularly  em- 
ployed women  in  the  state  have  been  brought  under  the 
minimum  wage  law.  The  estimate  is  based  on  census 
reports,  investigations,  surveys  and  reports  relating  to 
the  employment  of  women.  There  are  12,750  salesladies 
in  the  mercantile  establishments ;  4,500  stenographers  and 
typists;  2,725  bookkeepers,  cashiers  and  accountants; 
1,800  milliners;  2,200  dressmakers  and  seamstresses; 
6,500  hotel  maids,  cooks  and  waitresses;  2,800  laun- 
dresses; 3,200  telephone  operators;  450  hairdressers  and 
manicurists,  and  5,300  in  various  manufacturing  occupa- 
tions.    (Page  268.) 


121 

House  of  Representatives.  65th  Congress,  2nd  Session, 
Hearing  before  the  Sttbcommittee  of  the  Commit- 
tee on  the  District  of  Columbia  on  H.  R,  10367. 
Providing  for  the  Establishment  of  a  Mvnvmum 
Wage  Scale  in  the  District  of  Columbia  for  Women 
and  Children.    April  16, 1918, 

Statement  of  Mr.  Arthur  N.  Holcombe,  of  Massachusetts : 

I  have  been  a  member  of  the  commission  since  it  was 
first  established  six  years  ago.     (Page  19.) 

In  conclusion,  there  are  two  general  inferences  which 
I  have  drawn  from  my  six  years'  experience  with  the 
minimum  wage  in  Massachusetts.  First,  and  it  is  a  posi- 
tive conclusion,  that,  in  general,  high  wages  mean  low 
labor  costs.  In  comparing  the  pay  rolls  of  competing 
establishments  (and  we  were  never  able  to  make  this  in- 
formation public  in  the  most  convincing  way  because  we 
never  felt  free  to  make  public  actual  conditions  in  in- 
dividual firms),  we  found  when  comparing  the  pay  rolls 
of  different  establishments  competing  in  the  same  indus- 
try, selling  in  the  same  market,  drawing  their  labor  from 
the  same  sources,  that  as  a  general  rule  in  those  estab- 
lishments where  higher  wages  were  paid  for  the  same 
class  of  labor,  the  labor  costs  were  lower,  measured  as  a 
percentage  of  the  goods  sold.  In  other  words,  high  wages 
and  low  labor  costs  tend  to  go  together.    (Pages  22-23.) 

Secondly,  we  found  that  low  wages  were  not  always 
caused  by  low  efficiency  on  the  part  of  the  wage  earner. 
You  frequently  hear  it  said,  *^We  cannot  afford  to  pay 
a  girl  more  than  she  is  worth,'*  and  there  is  something 
in  that.  Then  further  you  hear  it  said  that  what  she  is 
worth  is  indicated  by  what  she  is  now  receiving.  There 
is  often  very  little  in  that  statement.  The  fact  that  a  girl 
is  receiving  a  low  wage  does  not  demonstrate  that  her 
worth  is  low.  On  the  contrary,  one  of  the  factors  upon 
which  the  efficiency  of  the  girl,  and  hence  the  worth  of  the 
girl  in  that  particular  establishment  depends,  is  the  effi- 
ciency of  the  management.  In  other  words,  low  wages 
may  not  indicate  low  worth  on  the  part  of  the  wage  earn- 
er, but  they  may  indicate  low  managerial  ability  on  the 
part  of  the  employer.    (Page  23.) 


122 

Statement  of  Mr.  Edward  A.  Filene,  of  the  William 
Filene  Sons*  Co.,  of  Boston,  now  Director  of  the 
United  States  Chamber  of  Commerce  and  Chair- 
man of  the  Shipping  Committee : 

I  have  been  rather  surprised  that  so  little  has  been 
said  to  you  of  our  case.  We  employers  need  this  legisla- 
tion really,  not  figuratively;  we  need  this  legislation  just 
as  much  as  the  employees  do.  Cheap  wages  make  cheap 
standards,  and  the  danger  is  that  with  all  the  details  of 
the  supervision  necessary  with  cheap  wages  we  will  be 
satisfied  with  those  cheap  standards.  Our  business,  the 
retail  distribution,  is  about  the  most  lawless  business  in 
the  world,  I  think.    (Pages  25-26.) 

We  are  dealing  in  a  business  where  the  average  thing 
doubles  in  price  from  the  producer  to  the  consumer,  and 
this  is  disgraceful. 

Now,  the  reason  that  we  have  not  dealt  better  with  it 
before  I  think  is  largely  because  we  have  not  had  intelli- 
gent enough  emloyees.  I  think  it  will  appeal  to  you  gen- 
tlemen as  business  men  that  an  underpaid  employee  will 
not  have  strength  or  desire  to  study  very  much  to  put 
more  intelligence  into  the  distribution,  into  the  selling. 
You  say,  of  course,  that  the  management  ought  to  fur- 
nish the  intelligence ;  they  are  paid  a  lot  of  money  to  do 
so.  But,  as  a  rule,  we  do  not;  we  are  hard  pressed  with 
small  details  of  competition,  and  we  usually  go  ahead  as 
fast  as  we  are  pushed  ahead;  and  the  greatest  incentive, 
the  greatest  power,  the  underlying  power  for  improve- 
ment within  the  business,  lies  in  correcting  the  weak- 
nesses of  our  employees,  and  in  intelligent  study  by  the 
employees.  The  $7  a  week  girl  is  pretty  hard  pressed 
with  her  own  problems,  and  she  does  not  have  very  much 
time  to  do  much  more  than  just  do  her  day's  work  and 
then  worry  for  the  rest  of  the  time  about  how  she  is  going 
to  get  along  with  what  she  has  made  that  day.  That  is 
not  good  for  the  employer.  A  decent  wage  is  based  on 
intelligent  work,  which  means  intelligent  management  in 
the  final  analysis.  Most  of  us  business  men  see  this.  A 
minority  of  short-sighted  men  force  the  others  to  do 
really  what  they  do  not  approve  of;  and  after  all,  this 


123 

minimum  wage  legislation  merely  provides  the  maoMn- 
ery.  That  is  one  of  the  real  reasons  for  approving  it — 
the  ftiinimum  wage  legislation  merely  provides  the  ma- 
chinery by  which  joint  action  is  secured  by  that  part  of 
the  industry  that  really  is  far-sighted  enough  to  advance 
it.  That  makes  the  slacker  employer  in  the  shops,  in  the 
industry,  who  does  not  want  to  think  hard  enough  to  see 
what  is  really  the  profitable  thing  in  business,  stop  and 
think;  it  really  takes  the  blinders  off  of  him  by  making 
him  give  wages  good  enough  so  that  he  will  have  some 
time  to  think  of  these  problems.    (Page  26.) 

If  you  are  in  doubt  about  the  situation,  I  think  you 
will  find  in  stores  over  the  country  where  the  minimum 
wage  is  placed  pretty  high,  higher  than  was  contem- 
plated in  Massachusetts — ^you  will  find  the  owners  are 
content.  In  Detroit,  Hudson  &  Co.,  the  biggest  store  in 
Detroit,  pay  $12  as  a  minimum  wage,  and  the  owners  are 
very  well  satisfied  and  see  that  it  does  really  pay  to  do 
that. 

I  nm  not  going  to  deal  with  the  theory  that  no  trade 
or  occupation  is  justifiable  which  does  not  pay  a  decent 
wage.  I  think  you  have  accepted  that.  The  only  thing 
that  would  take  the  place  of  this  sort  of  a  minimum  wage, 
and  which  might  properly  take  the  place  of  it,  would  be 
to  make  the  employers  pay  as  much  attention  to  their 
employees  and  be  as  responsible  to  them  as  they  are  to 
their  cows  and  horses.  We  treat  our  cows  and  horses 
well  because  we  have  got  to  pay  out  the  money  directly  if 
we  maltreat  them  and  they  become  sick  or  die.  If  we 
were  directly  responsible  for  our  employees,  there  would 
not  be  any  need  for  the  minimum-wage  proposition;  but 
because  we  can  drop  an  employee  who  becomes  sick  from 
lack  of  proper  wages,  because  society  takes  up  that  bur- 
den for  us,  we  blindly  go  ahead — short-sightedly  go 
ahead — and  let  this  system  keep  on.  It  ought  not  to  go 
on,  and  especially  it  ought  not  to  go  on  now.  It  has  in  it 
the  poisoning  of  the  very  strength  we  need  in  this  critical 
time  if  we  are  really  going  to  win  this  war.    (Page  28.) 


124 

Statement  of  Br.  W.  C.  Woodward.    Health  Commis- 
sioner of  the  District  of  Columbia; 

I  feel  very  much  like  apologizing  for  my  presence 
here  to-day.  I  presume  I  have  been  invited  to  speak 
merely  for  the  purpose  of  getting  into  the  record  the 
fact  that  the  health  interests  of  the  District  and,  I  be- 
lieve, the  health  interests  of  the  Nation  are  concerned 
in  the  matter  of  the  legislation  intended  to  establish  min- 
imum wages  for  women  and  for  children.  The  facts  that 
I  have  to  present  are  so  patent,  so  well  known,  that  it 
would  seem  like  a  waste  of  time  if  my  appearance  were 
for  any  other  purpose. 

That  there  is  a  very  definite  relation  between  wages 
and  health,  and  between  wages  and  morals,  I  think  will 
be  conceded  by  every  one  who  at  any  time  has  had  to 
earn  his  own  living,  and  who  has  even  the  slightest  knowl- 
edge of  hygiene  or  health.  We  know  that  in  any  organ- 
ized community  we  can  not  get  ordinary  shelter  without 
paying  for  it ;  that  to  clothe  the  body  costs  money ;  that 
food  costs  money ;  that  provision  for  ordinary  protection 
against  illness  requires  money;  and  that  protection  of 
life — if  you  will,  provision  for  recreational  facilities — re- 
quires the  expenditure  of  money;  and  we  know  that  the 
wage  earner  depends  on  her  wage  to  get  that  money. 
It  stands  to  reason,  therefore,  that  inadequacy  of  wage 
means  eitherof  two  things ;  on  the  one  hand  it  may  mean 
inadequacy  of  shelter,  inadequacy  of  clothing,  inadequacy 
of  food,  inadequacy  of  recreational  facilities,  on  the  one 
hand  it  may  mean  any  one  of  those  conditions,  or  it  may 
mean  all — ^with  resultant  impoverishment  of  health — or, 
on  the  other  hand,  it  means  that  from  some  source  or 
other  the  wage  must  be  supplemented  with  possible 
resort  to  wrongdoing  to  accomplish  that  end.  I  am  very 
loath,  however,  to  connect  up  minimum  wages  with  moral 
questions.  The  most  I  care  to  say  there  is  that  when  one 
is  tempted  the  lack  of  physical  stamina  and  the  necessity 
for  maintaining  life  increase  the  weight  of  the  induce- 
ment and  certainly  make  yielding  easier.    (Page  29.) 

From  the  postulate  that  adequate  wages  are  neces- 


125 

sary  for  the  protection  of  health,  we  come  to  the  ques- 
tion as  to  why  working  women  particularly  need  the  as- 
sistance of  the  proposed  legislation.  I  am  not  going  to 
undertake  any  analysis  of  the  situation,  such  as  was  pre- 
sented this  morning,  with  respect  to  the  ability  of  women 
to  protect  themselves  in  the  matter  of  legislation  and 
wage  control,  hut  I  would  like  to  point  out  a  few  essen- 
tial facts.  One  is  that  so  many  of  the  girls  who  are 
compelled  to  go  out  to  earn  their  living  must  go  at  a 
period  of  adolescence,  at  a  time  when  it  is  essential  that 
they  be  well  nourished  and  not  undernourished.  It  is 
essential  for  the  full  development  of  young  girls  that 
their  life  be  not  too  narrowed  by  hardship.  There  is 
something  more  than  bread  and  butter  and  clothing  and 
a  roof  over  our  heads,  'and  adequate  development  calls 
for  it.  A  girl  who  is  lacking  in  any  of  these  particulars 
is  not  a  girl  who  is  going  to  develop  into  the  best  woman, 
to  serve  the  State;  she  is  not  the  girl  who  is  going  to 
have,  we  will  say,  the  best  possible  instincts  toward 
matrimony,  and  she  is  not  the  girl  who  will  have  the 
greatest  possible  insistence  on  the  wisest  choice  of  a 
husband.  Those  things  ought  to  be  considered,  because 
after  all  it  is  on  marriage  and  the  bearing  of  offspring 
that  the  race  relies  for  its  continuance  in  a  proper  form. 
So  even  without  reference  to  a  woman's  own  condition, 
and  the  maintainence  of  her  own  physical,  mental,  and 
emotional  health,  we  must  bear  in  mind  the  fact  that 
when  she  marries  and  when  she  bears  and  rears  children 
for  the  coming  generation,  if  she  has  been  properly 
trained  and  has  adequate  opportunities  to  care  for  her- 
self we  shall  be  able  to  maintain  the  integrity  of  the  race, 
we  shall  be  able  as  a  Nation  to  meet  the  perils  that  con- 
front us  in  the  future  as  we  are  meeting  the  perils 
that  confront  us  at  the  present  time;  and  otherwise  we 
shall  fail.  We  have  heard  a  great  deal  to-day  with  re- 
spect to  the  need  of  the  individual  woman ;  but  we  must 
go  beyond  that  need  and  must  face  the  fact  that  we  are 
acting  for  the  race,  we  are  acting  for  the  Nation,  and 
the  Nation  needs  all  these  women  to  be  kept  in  the  best 
possible  condition.     (Pages  29-30.) 


126 

United  States  Senate,  65th  Congress,  2nd  S^sion^^ 
Hearing  before  the  Subcommittee  of  the  Com- 
mittee on  the  District  of  Columbia  on  S.  3993  A 
Bill  to  Protect  the  Lives  amd  Health  and  Morals 
of  Women  and  Minor  Workers  in  the  District  of 
Columbia,  and  to  Establish  a  Minirrmm  Wage 
Board  and  Define  its  Powers  and  Duties,  and  to 
Provide  for  the  Fixing  of  Minimum  Wages  for 
Such  Workers,  and  to  Provide  Penalities  for  Vio- 
lation of  this  Act.    Wednesday,  April  17,  1918, 

Statement  of  Senator  Park  Trammell,  of  Florida. 

I  have  been  very  much  gratified  to  note  throughout 
the  past  decade  the  wonderful  change  in  the  trend  of 
public  sentiment  toward  providing  a  more  suitable  and 
adequate  wage  for  the  wage  earners  of  this  country. 
Our  people,  the  people  of  America,  have  come  to  realize 
that  a  sufficient  wage  is  not  only  in  the  interest  of  the 
person  who  is  to  enjoy  the  same  but  it  is  in  the  interest 
of  society,  it  is  promotive  of  better  citizenship,  and  the 
entire  trend  is  to  build  up  and  to  strengthen  the  social 
fabric  of  our  country.     (Page  7.) 

Statement  of  Mr.  Charles  J.  Columbus,  Secretary  of  the 
Merchants  and  Manufacturers '  Association  of  the 
District  of  Columbia. 

Mr.  Chairman  and  Members  of  the  Committee :  I  ap- 
pear to-day  representing  the  Merchants  and  Manufac- 
turers' Association  of  Washington,  formerly  the  Retail 
Merchants'  Association. 

Our  association,  as  I  explained  at  the  House  hearing 
yesterday,  is  made  up  of  33  organized  lines  of  trade,  and 
included  among  those  units,  which  are  known  as  trade 
sections,  such  as  our  department-store  section,  which  em- 
ploys about  5,000  people,  are  the  section  for  laundries 
and  our  sections  for  specialty  houses,  for  ladies'  tailors, 
merchant  tailors,  and  so  on. 

Each  section  has  a  chairman,  and  each  chairman  is 
automatically  a  member  of  our  board  of  governors.    I 


127 

was  sent  here  by  the  board  of  governors,  which  unan- 
imously voted  to  support  this  bill.    (Page  8.) 

Mr.  Louis  Levy,  who  represents  the  laundry  interests 
in  the  association,  said:  ^*Why  surely  there  is  no  use  in 
opposing  a  measure  of  that  kind.''  Others  that  I  have 
talked  to,  including  personal  friends,  say  that  they  see- 
no  objection  to  it.  In  the  meeting  which  we  had  on  this, 
of  the  board  of  governors  of  the  association,  they  re- 
garded it  as  a  good  bill.  We  like  the  commission  plan; 
we  like  this  form  of  arbitration,  so  to  speak ;  we  like  this 
method  whereby,  as  conditions  change,  either  side  can  go 
to  this  commission  and  seek  a  rearrangement  of  the  wage 
scale — that  is,  a  minimum.    (Page  9.) 

Those  that  were  not  there  were  seen  in  person  by 
myself,  and  the  cigar  trade  was  represented  there — Mr. 
Henry  Oifterdinger  and  other  large  employers  of  female 
help ;  and  this  bill  had  his  full  approval.  We  figured  that 
inasmuch  as  the  department  stores  and  the  laundries 
were  the  largest  employers  of  female  help,  they  were  the 
real  ones  in  interest  in  this  matter.  Every  member  of 
our  board  of  governors  had  full  notice  that  this  matter 
was  to  be  taken  up.  Yesterday  afternoon  and  last  night 
I  had  quite  a  number  of  men  tell  me  how  pleased  they 
were  that  we  had  taken  this  stand  on  the  minimum  wage 
bill.    (Page  10.) 

Statement  of  Mrs.  Frances  Axtell,  Formerly  a  Member 
of  the  Retail  Store  Wage  Board  of  the  State  of 
Washington,  Now  a  Member  of  the  United  States 
Employees'  Compensation  Conmaission. 

However,  the  point  you  want  to  know,  of  course,  is 
how  this  law  has  worked  in  our  State,  and  whether  both 
parties  to  the  agreement  are  satisfied  with  it.  I  have 
had  the  pleasure  of  talking  with  many  of  the  merchants 
in  our  State  since  1913,  to  find  out  how  this  law  operated, 
and  whether  they  were  pleased  with  it,  and  I  have  yet 
to  find  a  merchant  who  would  go  back  to  the  old  method. 
They  are  all  of  them  not  only  pleased  with  it,  but  they 
say  that  it  pays  them  in  dollars  and  cents  to  pay  their 


128 

employees  more  wages ;  and,  of  course,  it  is  undebatable 
whether  the  girls  are  pleased  or  not.  It  has  had  a  very 
marked  effect  on  the  women  of  our  State  who  work  in 
these  stores.    (Page  ^.) 


Mmimuon  Wage  Board  for  the  District  of  Columbia. 
Report  No.  571  submitted  hy  Mr.  Hilliard,  from  the 
Committee  on  the  District  of  Columbia.  House  of 
Representatives.  65th  Congress.  2nd  Session. 
May,  1918. 

The  Committee  on  the  District  of  Columbia,  to  whom 
was  referred  the  bill  (H.  E.  12098)  to  protect  the  lives 
and  health  and  morals  of  women  and  minor  workers  in 
the  District  of  Columbia,  and  to  establish  a  minimum 
wage  board,  and  define  its  powers  and  duties,  and  to  pro- 
vide for  the  fixing  of  minimum  wages  for  such  workers, 
and  for  other  purposes,  herewith  favorably  reports  the 
same  with  the  recommendation  that  it  pass.    (Page  1.) 

No  one  appeared  in  opposition  to  the  bill.  A  remark- 
able circumstance  which  has  probably  never  occurred  in 
any  previous  legislative  hearings  on  a  measure  affecting 
wage  legislation  in  this  country,  was  the  appearance  of 
the  official  organized  body  of  employers — the  Merchants 
and  Manufacturers '  Association  of  the  District,  who  sent 
their  representative  to  make  a  statement  indorsing  the 
bill  and  urging  its  passage.  This  association  has  a  mem- 
bership representing  33  different  businesses  in  Wash- 
ington— ^department  stores  are  the  largest  employers, 
having  in  their  establishments  probably  5,000  persons. 
The  enlightened  and  progressive  position  taken  by  the 
employers  of  the  District  who  are  directly  affected  by 
the  measure  has  properly  impressed  the  committee. 
Their  approval  means  that  such  legislation  is  recognized 
as  being  based  on  sound  business  principles,  because  it 
makes  for  a  more  efficient  and  more  contended  labor 
force.  It  also  protects  the  fair  and  enlightened  employer 
from  underbidding  competitors. 

Besides  the  indorsement  of  employers,  approval  of 


129 

minimum-wage  legislation  comes  to  ns  from  the  workers 
through  their  organizations,  and  also  through  three  rep- 
resentatives who  appeared  in  person.  Mr.  Keating,  in- 
troducer of  the  bill,  read  into  the  record  a  resolution 
adopted  by  the  thirty-third  annual  convention  of  the 
American  Federation  of  Labor.  It  discussed  the  prin^ 
ciple  of  minimum-wage  legislation  for  unprotected  work- 
ers, especially  women  and  children,  and  recommended 
that  provision  be  made  for  the  proper  representation  of 
wage  earners  on  minimum-wage  boards  and  that  they  be 
administered  ^ '  so  as  to  afford  the  largest  measure  of  pro- 
tection for  women  and  minor  workers.'' 

The  president  of  the  Federal  Employees'  Union  ap- 
peared to  urge  the  passage  of  the  bill.  Two  women  work- 
ers of  the  national  and  local  Women's  Trade  Union 
Leagues  told  of  the  need  of  this  legislation  from  their 
own  experiences  as  wage  earners,  and  the  manifold  hard- 
ships of  attempting  to  live  on  wages  too  low  for  proper 
subsistence. 

This  bill,  H.  R.  12098,  has  also  the  strong  indorsement 
of  the  authorities  of  the  District — that  is,  the  Board  of 
Commissioners — who  will  be  empowered  to  administer 
the  provisions  of  the  law,  as  well  as  the  health  officer, 
who  speaks  authoritatively  on  the  health  aspects  of  the 
proposed  legislation.    (Page  2.) 

The  Federal  Bureau  of  Labor  Statistics  has  recently 
published  the  results  of  an  investigation  into  the  cost  of 
living  in  the  District.  Almost  one-half  (46  per  cent)  of 
the  600  women  workers  interviewed  and  questioned  as 
to  their  income  and  expenditures  earned  less  than  $8  per 
week.  Over  two-thirds  (64  per  cent)  earned  less  than 
$10  per  week.     (Page  2.) 

This  low  wage  was  not  owing  to  their  youth  and  inex- 
perience, for  72  per  cent  were  21  years  of  age  or  older, 
and  one-half  of  those  earning  less  than  $9  per  week  had 
been  at  work  for  five  years  and  more. 

In  connection  with  these  figures,  we  must  consider 
the  actual  cost  of  board  and  lodging  in  the  District  to-day. 
Owing  to  the  abnormal  conditions  of  war  times,  these 
costs  have  risen  greatly,  even  during  the  past  few  months. 


130 

In  1917,  the  Federal  Bureau  of  Labor  Statistics  stated 
that  $6  a  week  was  the  '^bare  minimum''  upon  which  the 
average  woman  could  obtain  board  and  lodging  in  Wash- 
ington. A  year  later,  information  presented  at  the  hear- 
ing on  this  bill  showed  that  according  to  the  room  regis- 
tration office  of  the  local  Council  of  National  Defense  the 
minimum  expense  at  which  a  woman  can  now  find  board 
and  lodging  is  $35  per  month,  that  is  over  $8  per  week. 
That  means  accommodation  for  two  in  a  room,  and  very 
few  rooms  can  be  found  at  that  rate. 

The  difficulties  of  obtaining  adequate  clothing  even 
with  the  strictest  economy  upon  the  present  wages  re- 
ceived was  brought  out  by  the  investigation  of  the  Bureau 
of  Labor  Statistics.  In  1915,  a  State  commission  in  New 
York  estimated  the  ^'barest  minimum  for  decent  cloth- 
ing, ' '  for  a  woman,  to  be  $88  per  year.  Two  years  later, 
nearly  half  (42  per  cent)  of  the  600  women  wage  earners 
interviewed  in  Washington  spent  less  than  that  minimum 
on  clothing,  in  spite  of  the  increased  cost  of  materials. 
In  1917,  according  to  the  Bureau  of  Labor  Statistics  a 
working  woman  in  Washington  to  be  ^^well  but  not  ex- 
travagantly dressed,''  must  spend  approximately  $125 
per  year.  More  than  two-thirds  (68  per  cent)  of  the 
women  interviewed  spent  less  than  that  amount.  In  the 
lowest  income  groups,  ^'the  average  expenditure  for 
every  item  of  clothing  is  below  that  which  would  permit 
of  physical  comfort  and  decency." 

The  committee  concurs  heartily  in  the  opinion  of  this 
health  expert  [Dr.  Woodward]  that  inadequacy  of  wages 
means  either  of  two  things,  that  is,  inadequacy  of  all  the 
essentials — shelter,  clothing,  food,  etc.,  ^'with  resultant 
impoverishment  of  health";  or,  on  the  other  hand,  ^4t 
means  that  from  some  source  the  wage  must  be  supple- 
mented with  possible  resort  to  wrongdoing."  And  the 
committee  further  agrees  with  Dr.  Woodward  when  he 
says: 

^^I  am  very  loath,  however,  to  connect  up  minimum 
wages  with  moral  questions.  The  most  I  care  to  say 
there  is  that  when  one  is  tempted  the  lack  of  physical 
stamina  and  the  necessity  for  maintaining  life  increase 


131 

the  weight  of  the  inducement  and  certainly  make  yield- 
ing easier/^     (Page  3.) 

The  investigation  in  the  District  showed  that  as  in 
many  other  communities  about  a  third  (in  Washington 
31  per  cent)  of  the  women  at  work  were  living  away 
from  home.  This  answers  the  frequent  assertion  that 
working  girls  do  not  need  to  be  paid  a  living  wage  be- 
cause they  are  supported  by  their  families  and  are  merely 
supplementing  the  family  income.  The  wages  paid  must 
take  into  account  this  substantial  proportion  of  wage 
earners  who  are  not  living  with  families.  Moreover,  21 
per  cent  of  the  600  women  interviewed  had  dependents. 
That  is,  one-fifth  were  under  the  necessity  of  contribut- 
ing to  the  support  of  others,  besides  supporting  them- 
selves. On  the  other  hand,  45  per  cent  needed  to  receive 
outside  assistance  in  order  to  make  both  ends  meet. 
(Page  4.) 

The  remedy  which  is  proposed  in  this  bill  has  already 
been  tried  and  found  successful  in  various  States  of  the 
Union  and  in  other  parts  of  the  English-speaking  world. 
It  is  known  as  the  minimum  wage  system  because  it  pro- 
vides a  method  for  setting  wages  which  are  not  too  low 
for  subsistence  and  below  which  wages  may  not  fall.  It 
lays  down  the  general  principle  that  a  competent  worker 
must  have  enough  food,  clothing,  and  shelter  and  the 
other  essentials  to  keep  life  going.  Without  these  essen- 
tials, the  workers'  efficiency  as  well  as  their  personal 
welfare  must  inevitably  suffer  and  decline  with  resulting 
injury  also  to  the  community  of  which  they  form  so  large 
a  part. 

It  has  proved  practicable.     (Page  4.) 


Mmimum  Wage  Board  for  the  District  of  Columbia. 
Report  No.  562.  Submitted  by  Senator  Kenyon, 
September  6,  1918.  Senate.  65th  Congress.  2nd 
Session. 

T]io  Committee  on  the  District  of  Columbia,  to  whom 
was  referred  the  bill  (H.  E.  12098)  to  protect  the  lives 


132 

and  health  and  morals  of  women  and  minor  workers  in 
the  District  of  Columbia,  and  to  establish  a  Minimum 
Wage  Board,  and  define  its  powers  and  duties,  and  to 
provide  for  the  fixing  of  minimum  wages  for  such  work- 
ers, and  for  other  purposes,  having  considered  the  same, 
report  thereon  with  a  recommendation  that  it  pass. 


Congressional  Record.  Vol.  56.  Pt.  9.  Speeches  before 
the  House  on  the  District  of  Columbia  Minimum 
Wage  Board  Bill.    July  8,  1918.    65th  Congress, 

2nd  Session, 

William  E.  Green  of  Iowa : 

The  old  doctrine  of  laissez-faire  has,  I  am  glad  to 
say,  become  almost  obsolete.  Even  in  England,  where 
it  originated,  it  has  been  repudiated.  England  has  seen 
the  effect  of  this  theory  in  the  deterioration  of  the  phys- 
ical and  moral  well  being  of  its  workers.  They  found 
when  they  got  into  war  that  the  physical  condition  of 
the  average  English  working  man  was  far  below  what  it 
ought  to  be,  far  below  what  the  public  had  the  right  to 
expect,  and  far  below  what  it  might  have  been  had  proper 
care  been  taken  of  them  in  the  way  of  general  law.  By 
her  old  age  pension  law  and  other  remedial  measures 
England  had  shown  that  she  no  longer  intends  that  the 
welfare  of  her  workingmen  shall  be  permitted,  like  the 
price  of  commodities,  to  be  governed  solely  by  the  law 
of  supply  and  demand. 

A  wage  upon  which  the  employee  cannot  live  in 
decency  and  in  some  degree  of  comfort  inevitably  tends 
to  lower  not  only  the  physical  standard,  but  the  moral 
standard.    (Page  8875.) 

William  J.  Carey  of  Wisconsin : 

^  When  the  hearings  were  being  held  before  the  com- 
mittee on  this  bill  it  was  significant  that  no  one  offered 
in  opposition  to  the  bill.  A  remarkable  circumstance 
which  has  probably  never  occurred  in  any  previous  leg- 
islative hearings  on  a  measure  affecting  wage  legislation 


133 

in  the  country,  was  the  appearance  of  the  official  organ- 
ized body  of  employers — the  Merchants  &  Manufactur- 
ers' Association  of  the  District — who  sent  their  repre- 
sentative to  make  a  statement  indorsing  the  bill  and 
urging  its  passage.  This  association  has  a  membership 
representing  33  different  businesses  in  Washington — 
department  stores  are  the  largest  employers,  having  in 
their  establishments  probably  5,000  persons,  their  ap- 
proval means  that  such  legislation  is  recognized  as  being 
based  on  sound  business  principles,  because  it  makes  for  a 
more  efficient  and  more  contented  labor  force.  It  also 
protects  the  fair  and  enlightened  employer  from  under- 
bidding competitors.    (Page  8882.) 

Stuart  F.  Reed  of  West  Virginia : 

The  provisions  of  this  bill,  properly  enforced,  will  not 
only  benefit  those  who  have  their  labor  to  sell,  but  will 
protect  those  who  buy  labor  by  placing  each  employer  on 
an  equal  footing  with  all  others  who  employ  labor  for 
similar  commercial  activities.    (Pages  8881-2.) 

Joseph  Walsh  of  Massachusetts : 

But  I  want  to  say  that  I  think  that  the  State  of  Massa- 
chusetts was  the  first  state  to  adopt  a  minimum  wage 
law.  It  was,  of  course,  looked  at  with  suspicion  at  first, 
and  thought  to  be  somewhat  of  a  fad,  and  that  it  would 
not  work  out  in  operation.  But  it  has,  and  we  have  a 
board,  I  think,  made  up  of  five  or  seven  members  that 
has  authority  somewhat  similar  to  that  granted  by  this 
act.    (Page  8885.) 


Congressional  Record.  Vol.  56.  Pt.  12.  Speech  of  Hon. 
Augustine  Lonergan  of  ■Connecticut  before  the 
House  on  the  District  of  Columbia  Minimum,  Wage 
Board  Bill.  August  26, 1918.  65th  Congress,  2nd 
Session. 

In  itself  the  bill  corrects  a  condition  which  might 
otherwise  be  the  forerunner  of  serious  economic  and 


134 

moral  harm,  and  points  the  way  to  a  clear  solution  of 
one  of  the  most  vexing  problems  of  our  national  life. 

Here  we  have  united  on  a  program — the  employers, 
the  employed,  the  large  labor  union  organizations  of  the 
country,  and  those  who  devote  their  lives  to  economic 
questions  as  a  vocation. 

The  war  has  brought  home  to  every  nation  in  it  the 
importance  of  conserving  its  man  power.  Man  power 
means  national  strength.  But  national  strength  will  dis- 
appear if  the  health  and  moral  welfare  of  the  women  of 
our  land  is  not  safe  guarded,  and  one  of  the  surest  ways 
to  safe  guard  them  is  to  provide  for  wages  for  women 
that  will  guarantee  good  living  conditions.     (Page  604.) 


Congressional  Record.  Vol.  56.  Pt.  10.  Senate.  Speech 
of  William  S.  Kenyon  of  Iowa  before  the  Senate 
on  the  District  of  Columbia  Minimum  Wage  Board 
hill.  September  13,  1918.  65th  Congress.  2nd 
Session. 

It  [the  bill]  has  been  twice  unanimously  reported  by 
the  Committee  on  the  District  of  Columbia;  it  has  passed 
the  House  without  a  dissenting  vote.     (Page  10278.) 

[Senate,  September  13, 1918.  Yeas  36.  Nays  12.]     (Pa^e 
10285.) 


U.  S.  Department  of  Labor.  Bulletin  of  the  Woman  in 
Industry  Service  No.  4.  Wages  of  Candy  Makers 
in  Philadelphia  in  1919. 

The  subject  of  wages  had  taken  on  a  new  significance 
during  the  war.  The  policy  which  should  underlie  wage 
determination  was  officially  defined  by  several  Federal 
agencies.  The  most  authoritative  statement  was  con- 
tained in  the  report  of  the  National  War  Labor  Confer- 
ence Board,  which,  as  affirmed  by  the  President,  became 


135 

the  guiding  principle  for  the  National  War  Labor  Board 
in  the  settlement  of  industrial  disputes  during  the  war. 
The  paragraphs  relating  to  wages  are  as  follows : 

1.  The  right  of  all  workers,  including  common  labor- 
ers, to  a  living  wage  is  hereby  declared. 

2.  In  fixing  wages,  minimum  rates  of  pay  shalhbe 
established  which  will  insure  the  subsistence  of  the 
worker  and  his  family  in  health  and  reasonable  comfort. 
(Page  7.) 


Speech  of  Senator  Harding.  Marion,  Ohio.  October  1, 
1920.  The  New^  York  Times.  Saturday,  October 
2,  1920. 

Justice  and  American  standards  demand  that  women 
who  are  employed  should  be  paid  a  living  wage,  and  it  is 
entirely  unfair  to  the  State  which  fulfils  its  obligations 
to  humanity  in  any  piece  of  humanitarian  legislation 
affecting  industry  that  other  States,  by  failing  to  per- 
form their  obligation,  gain  a  temporary  advantage  in 
costs  of  production. 


Mimw/um  Wage  Study.     Ohio  Council  on  Women  and 
Children  in  Industry.    1920. 

Mary  Anderson,  Director,  U.  S.  Woman's  Bureau,  De- 
partment of  Labor: 

The  conference  of  governmental  officials  in  Seattle 
[in  1920]  discussed  the  minimum  wage  legislation  very 
thoroughly.  They  were  all  of  the  opinion  that  legislation 
creating  a  commission  was  the  best  legislation.  They  all 
felt  that  it  was  necessary  at  this  stage  of  development  of 
the  country's  industries  and  because  of  women's  entering 
into  industries  in  large  numbers  without  standards  as 
to  hours,  wages,  and  working  conditions  that  such  legis- 
lation was  necessary  against  exploitation. 


136 

The  A.  F.  of  L.  Convention  in  St.  Paul,  1918,  endorsed 
the  minimum  wage  law,  and  also  that  in  Atlantic  City, 
1919.    (Page  7.) 

William   M.    Leiserson,   Chairman,  Labor  Adjustment 
Board,  Eochester  Clothing  Industry: 

My  feeling  is  that  there  can  be  no  question  as  to  the 
desirability  of  a  minimum  wage  law  for  women  and  chil- 
dren. Some  questions  might  be  raised  as  to  the  desira- 
bility of  such  a  law  for  men,  but  even  in  the  case  of  men 
I  should  be  inclined  to  favor  a  law  establishing  a  mini- 
mum wage  where  they  have  not  been  able  to  maintain 
labor  organizations  which  assure  them  living  wages. 
(Page  34.) 

*^  Women  and  minors,  all  experience  shows,  are  not 
able  to  maintain  permanent  Labor  Unions  and  it  is  a  wild 
theory  to  say  that  trade  unions  will  get  them  higher 
wages.  The  facts  are  that  ordinarily  they  do  not  get  liv- 
ing wages  and  the  only  way  they  can  get  protection  is 
through  the  machinery  of  the  State.     (Page  35.) 


Minimum  Wage  Laws  Are  Good  Business.  Extracts  from 
Letters  hy  Employers  Operating  under  a  Legal 
Minimum  Wage,  National  Consumers'  League, 
New  York.    October,  1920. 

Employers  Endorse  Minimum  Wage  Laws. 

Morris  B.  Anderson,  Pres.,  Eaincoat  Makers  &  Manu- 
facturers* Assn.,  Boston,  Mass.    Feb.  2,  1920. 

**  Permit  me  to  express  my  hearty  approval  of  this 
legislation."  [minimum  wage  for  women] 

F.  E.  Day,  ShuU-Day  Co.,   (manufacturers  of  trousers 
and  overalls)  Tacoma,  Wash.    Jaa.  19,  1920. 

**  Before  the  minimum  wage  law  was  enforced  in  this 
state  and  while  it  was  yet  being  discussed,  I  was  of  the 


137 

opinion  that  it  would  be  very  hurtful  to  us,  but  after  ob- 
serving its  good,  I  entirely  changed  my  viewpoint.'' 

Luther  C.  White,  Employment  Manager,  Clothing  Manu- 
facturers'  Association  of  Boston,  Mass.    Feb.  1, 1920. 

''We  believe  in  it— and  think  that  now,  while  the  or- 
dinary wage  for  labour  is  far  above  any  minimum  which 
would  be  fixed  by  any  Commission,  is  a  good  time  to  get  a 
fairly  high  minimum  established.  As  a  result,  the  [wage] 
Board  on  which  I  served  in  a  readjustment  of  the  mini- 
mum, fixed  $15  per  week  for  the  trained  worker.  ^  This 
figure  was  based,  primarily,  on  the  present  cost  of  living, 
and  is,  of  course,  subject  to  revision  later  if  that  cost 
should  decrease  materially." 

E.  L.  Thompson,  Treas.,  Portland  Woolen  Mills,  Port- 
land, Ore.    Dec.  3,  1919. 

''For  the  past  several  years,  Oregon  has  been  oper- 
ating under  tiie  minimum  wage  law,  and  greatly  to  the 
surprise  of  some  of  our  employers,  it  has  not  brought 
'harm  to  their  business,'  as  they  had  feared.  We  feel 
that  this  law  has  been  of  actual  lasting  benefit  to  our  in- 
dustry in  this  state,  and  thoroughly  believe  in  its  provi- 


W.  A.  Hawkins,  Director,  Jordan-Marsh  Co.,  (retail  dry 
goods)  Boston,  Mass.    Jan.  31,  1920. 

"I  beg  to  state  that  I  do  endorse  a  minimum  wage 
law  for  women  provided  that  law  be  so  framed,  and  so 
constantly  followed  up  by  efficient  inspectors  and  so 
backed  up  by  sufficient  penalty,  that  all,  both  large  and 
small  employers  shall  be  forced  to  obey  it. ' ' 

A.  J.  Schroeder,  recent  president  of  the  Wisconsin  Retail 
Dry  Goods  Association,  Racine,  Wis.  Jan.  31, 1920. 

"Personally  I  am  in  favor  of  the  minimum  wage  leg- 
islation because  I  think  it  will  better  the  conditions  under 
which  everyone  works,  both  employee  and  employer." 


138 

B.  F.  Schlesinger,  general  manager,  Emporium  (retail 

dry  goods),  San  Francisco,  Calif.    Jan.  18,  1919. 

**We  have  operated  under  minimum  wage  law  for 
women  for  over  a  year  and  find  it  is  not  only  beneficial 
for  our  employees  but  also  for  ourselves.  Feel  the  mer- 
cantile community  in  the  East  when  its  operation  is  bet- 
ter understood  will  agree  with  majority  of  merchants 
here  that  it  is  wise  and  progressive  legislation.'^ 

Geo.  S.  De  Neale,  Supt.  S.  Kann  Sons  Co.,  (retail  dry 
goods)  Washington,  D.  C.    October  6,  1920. 

*^  After  operating  under  the  minimum  wage  law  for  a 
period  of  twelve  months,  we  are  thoroughly  convinced, 
that  if  it  is  rigidly  enforced,  it  is  a  good  thing  for  both 
employer  and  employee." 

C.  B.   Heinrich,    (retail  dry  goods)    Burrton,   Kansas. 

Feb.  18,  1920. 

*  *  The  minimum  wage  law  for  women  employees  is  all 
right  and  I  think  it  has  helped  the  women  and  us  wonder- 
fully.'' 

C.  M.  Lessenden,  Manager  and  Owner,  C.  M.  Lessenden 
&  Co.,  (retail  dry  goods)  Downs,  Kansas.  Feb.  1920. 

**A  few  months  ago  word  came  to  me  that  an  effort 
was  being  made  to  do  away  with  our  minimum  wage  and 
maximum  hour  laws  for  working  women.  Personally,  I 
think  an  employer  is  lacking  in  his  better  judgment  when 
he  tries  to  do  away  with  anything  as  sound  as  this  law. 

^'It  is  a  splendid  thing  for  Kansas  and  only  marks 
Kansas  again  in  a  pioneer  movement  for  the  betterment 
of  society.'' 

George  S.  Danforth,  Pres.,  Danforth-Scott,   (retail  dry 
goods)  Wichita,  Kansas.     Mar.  16,  1920. 

**We  wish  to  add  our  indorsement  to  the  minimum 
wage  law  for  women  employed  in  the  state." 


139 

Earl  C.  Williams,  Manager,  The  Crosby  Bros.  Co.,  (re- 
tail dry  goods)  Topeka,  Kansas.    Feb.  21, 1920. 

^*We  most  heartily  approve  of  this  law  as  it  stands 
at  present  and  would  never  think  of  going  back  to  the  old 
way  of  doing  business. "  -   -^ 

Frank  R.  Jelleff,  (women's  and  misses'  apparel)  Wash- 
ington, D.  C.    October  6,  1920. 

^^We  are  very  pleased  to  say  that  we  find  the  opera- 
tion of  the  minimum  wage  law  to  be  of  no  detriment  what- 
ever to  us,  and  we  believe  that  for  the  community  as  a 
whole  it  is  a  forward  step.    We  heartily  endorse  it." 


Committee  of  Industtial  Relations  of  the  Associated 
Chambers  of  Commerce  of  the  United  States. 
1918. 

Recommendation. 

^^Recognition  of  the  right  of  every  worker  to  at  least 
the  living  wage ;  such  minimum  to  ensure  the  subsistence 
of  the  worker  and  his  family  in  health  and  reasonable 
comfort,  with  the  collective  maintenance  of  standards.'' 

Quoted  in  report  by  Hon.  G.  S.  Beeby,  Minister  of 
Labour,  New  South  Wales,  on  Industrial  Conditions  in 
Great  Britain  and  the  U.  S.  A.  Sydney— 1919.  (Page 
28.) 


United  States  Department  of  Labor  Statistics.    Monthly 
Labor  Review.    January,  1919. 

The  Associated  Merchants  and  Manufacturers  of  New 
York  State,  at  a  meeting  held  at  Syracuse  on  Nov.  30, 
1918,  resolved: 

(1)  We  are  in  favor  of  the  principle  of  an  adequate 
wage  for  women  and  minors. 

(2)  We  favor  the  creation  of  a  state  minimum  wage 
commission  which,  however,  shall  be  competent  and  prop- 
erly representative  of  industry,  labor,  and  the  public. 


140 

(3)  That  we  especially  favor  the  enactment  of  a  fed- 
eral minimum  wage  commission  law  which,  upon  its  en- 
actment, shall  supersede  existing  state  law.     (Page  214.) 


The  World  Problem,  Capital,  Labor,  and  the  Church, 
Rev,  Joseph  Husslein,  S,  J.    New  York,    1918. 

*'Wage  legislation  is  a  tradition  in  the  church.'' — 
The  special  wage  legislation  required  for  our  own  day- 
is  clear.  The  principle  of  a  living  wage  has  been  laid 
down  by  the  Holy  See.  It  can  be  made  practical  only 
when  enforced  by  law.  In  the  question  of  wages  the  na- 
ture of  this  application  seems  now  beyond  dispute.  Past 
experience  enables  us  to  proceed  without  hesitation. 
There  is  apparently  but  one  course  open,  as  a  logical  be- 
ginning, and  that  is  to  unite  solidly  upon  a  minimum 
wage  legislation.  It  was  a  Catholic  priest — ^be  it  said  to 
the  glory  of  the  Church — ^the  Eev.  John  A.  Ryan,  D.  D., 
who  first  effectively  championed  the  minimum  wage  leg- 
islation in  the  United  States,  and  it  is  another  Catholic 
priest,  the  Rev.  Edwin  V.  O'Hara,  whose  name,  as  Dr. 
Ryan  himself  remarks,  *4s  written  in  the  annals  of  the 
United  States  Supreme  Court  as  the  official  upholder  of 
the  first  minimum  wage  law. ' ' 

The  objections  to  the  minimum  wage  need  not  be  dis- 
cussed at  present.  Experience  has  sufficiently  disproved 
them.  The  accidental  hardships  that  fall  on  some  are 
far  outweighed  by  the  good  results.    (Pages  90-94.) 


Democratic  Industry,  Joseph  Husslein,  8,  J,,  Ph,  D.  P, 
J.  Kennedy  &  Sons,  1919,  {Book  bearing  official 
approval  of  the  Catholic  Church.) 

A  Catholic  Social  Platform. 

27.  Until  a  larger  social  justice  reigns,  minimum 
wage  laws  must  enable  every  male  worker  to  support  a 
family  in  christian  decency.  Every  adult  woman  worker 
must  be  enabled  to  live  respectably  by  her  earnings  alone. 
Enough  should  gradually  be  paid  to  make  it  possible  for 


141 

every  worker  to  provide  for  the  future  out  of  Ms  or  her 
own  wages,  without  need  of  State  insurance.  In  this  way 
only  can  industry  be  said  to  be  properly  supporting  those 
engaged  in  it.     (W.  P.  IX.) 


Recommendations  of  the  \Commission  of  Inquiry,  Inter- 
church  World  Movement  on  the  Steel  Strike  of 
1919,    New  York,  1920. 

7.  That  minimum  wage  commissions  be  established 
and  laws  enacted  providing  for  an  American  standard 
of  living  through  the  labor  of  the  natural  bread-winner 
permitting  the  mother  to  keep  up  a  good  home  and  the 
children  to  obtain  at  least  a  high  school  education. 
(Page  250.) 

The  \ChM\rch  and  Industrial  Reconstruction.  The  Com- 
mittee  on  the  War  and  the  Religious  Outlook.  The 
Association  Press.     1920. 

The  Church's  chief  concern  is  not  to  determine  the 
amount  of  living  wage,  but  to  insist  upon  the  principle 
that  the  payment  of  such  a  wage,  as  determined  by  social 
experts,  must  be  regarded  as  a  first  charge  against  the 
industry,  a  condition  of  its  existence,  a  necessary  busi- 
ness liability.  The  assumption  that  a  living  wage  can  be 
secured  presupposes,  of  course,  the  fallacy  of  the  so-called 
*4ron  law  of  wages,''  in  accordance  with  which  labor  as 
a  mere  commodity  is  bought  and  sold  at  prices  inevitably 
determined  by  supply  and  demand.  The  point  of  view 
of  this  report  assumes  what  experience  has  now  clearly 
confirmed,  that  wages  can  be  socially  regulated  and  con- 
trolled.    (Pages  139-140.) 

Resolutions  Adopted  by  the  Federal  Council  of  the 
Churches  of  Christ  vn  America  at  Cleveland,  May 
6-6,  1919. 

3.  That  the  first  charge  upon  industry  should  be  a 
wage  sufficient  to  support  an  American  standard  of  liv- 


142 

ing.    To  that  end  we  advocate  the  guarantee  of  a  min- 
imum wage.    .    .    . 


Resolution  Adopted  by  the  Board  of  Bishops  of  the 
Methodist  Episcopal  Church,  Buffalo,  May  10^ 
1919. 

We  favor  an  equitable  wage  for  laborers,  wMch  shall 
have  the  right  of  way  over  rent,  interests  and  profits. 


The  Legal  Minimum  Wage.  Essay  vn  The  Church  a>nd 
Socialism.  John  A.  Kyan,  D.D.  LLD.  Professor 
of  Moral  Theology  at  the  Catholic  University  of 
America.    1919. 

Although  the  idea  of  a  living  wage  goes  back  at  least 
to  the  early  Middle  Ages,  it  received  its  first  systematic 
and  authoritative  expression  in  the  Encyclical  of  Pope 
Leo  XIII,  ^^On  the  Condition  of  Labor' ^  *  *  *  i^ 
that  document  the  great  pontiff  flatly  rejected  the  pre- 
vailing doctrine  that  wages  fixed  by  free  consent  were  al- 
ways fair  and  just.  This  theory,  he  said,  leaves  out  of 
account  certain  important  considerations.  It  ignores  the 
fundamental^ fact  that  the  laborer  is  morally  bound  to 
preserve  his'  life,  and  that  his  only  means  of  fulfilling 
this  duty  is  to  be  found  in  his  wages.  Therefore,"  con- 
cluded Pope  Leo,  "a  workman's  wages  ought  to  be  suf- 
ficient to  maintain  him  in  reasonable  and  frugal  com- 
fort.'^  This  proposition,  he  declared,  is  a  dictate  of 
natural  justice.     (Page  58.) 

iSuch  are  the  requisites  of  reasonable  comfort  as  de- 
termined by  man's  nature  and  needs,  and  as  interpreted 
by  all  competent  authorities  on  the  subject.  *  *  *  The 
man  who  would  assert  that  the  worker  and  his  family 
may  reasonably  be  deprived  of  these  things  must  logical- 
ly contend  that  the  worker  may  be  killed  or  deprived  of 
his  liberty  for  the  benefit  of  others.  For  the  right  of 
life,  liberty,  marriage  and  all  the  other  fundamental 


143 

goods  rest  on  precisely  the  same  basis  as  the  claim  to 
reasonable  comfort.  That  basis  is  the  inherent  sacred- 
ness  of  personality.  This  sacredness  is  outraged,  not 
only  when  the  person  is  killed,  crippled,  or  imprisoned, 
but  also  when  he  is  prevented  from  exercising  and- de- 
veloping his  faculties  to  a  reasonable  degree.  (Pages 
62-63.) 

Therefore,  it  is  probable  that  the  majority  of  wage- 
earners  are  still  getting  less  than  a  decent  livelihood. 

This  situation  is  at  once  a  grave  repro'ach  to  our 
Christian  civilization  and  a  grave  menace  to  the  national 
welfare.  It  is  a  grave  reproach  to  Christian  civilization 
because  every  one  of  those  persons  who  is  forced  to  live 
below  the  normal  standard  is  a  human  being  possessed  of 
intrinsic  worth  and  sacredness,  having  an  absolute  and 
imperishable  value.    (Page  76.) 

There  seems  to  be  but  one  measure  that  gives  any 
promise  of  anything  like  general  efficacy,  namely,  the 
establishment  by  law  of  minimum  rates  of  wages  that 
will  equal  or  approximate  the  normal  standards  of  living 
for  the  different  groups  of  workers.     (Page  82.) 


144 

(2)     In  Great  Britain. 

Ministry  of  Labour,  Labour  Gazette, 

August,  1918. 

The  eight  years'  experience  of  the  satisfactory  re- 
sults achieved  by  the  trade  boards,  whose  activities  have 
proved  of  benefit,  not  merely  to  the  workers,  but  to  all 
section  of  the  trades  which  worked  under  them,  pointed 
to  an  extension  of  the  Trade  Boards  Act,  1909,  as  the  best 
means  of  meeting  the  situation.    (Page  308.) 

September,  1919. 

Since  the  publication  of  an  article  in  the  August  issue 
of  last  year  dealing  with  the  various  amending  provisions 
contained  in  the  Trade  Boards  Act  1918,  considerable 
progress  has  been  made  under  the  enlarged  powers  con- 
ferred by  that  Act.  The  results  achieved  by  the  Trade 
Boards  Act,  1909,  had  shown  that  it  was  possible  to  raise 
substantially  the  wages  in  poorly  paid  industries  without 
injuring  their  prosperity.     (Page  369.) 


Ministry  of  Labour,  Trade  Boards  and  the  Fixing  of 
Minimum  Rates  of  Wages.  London.  January, 
1920. 

Effect  of  Trade  Boards. 

(1)  On  Wages.  The  experience  of  the  existing 
Boards  during  the  past  eight  years  shows  that  they  have 
raised  substantially  the  wages  of  the  lowest  paid  sections 
of  their  trades.  It  has  been  argued  that  the  minimum 
rates  tend  to  become  the  maximum  rates,  but  experience 
has  not  borne  out  this  view.  On  the  contrary,  all  the  evi- 
dence available  goes  to  show  that  the  relative  number  of 
workers  in  the  various  grades  has  remained  about  the 
same,  and  that  the  increase  in  the  wages  of  the  lowest 
paid  sections  has  been  accompanied  by  a  corresponding 
increase  in  the  wages  of  the  better  paid  workers. 

(2)  On  Trade.  It  is  difficult  to  say  what  has  been 
the  precise  effect  on  trade  of  the  increased  rates  of  wages 


145 

fixed  by  the  Trade  Boards ;  but  there  is  certainly  no  evi- 
dence that  they  have  reduced  the  prosperity  of  their 
industries.  On  the  contrary,  there  is  good  reason  to 
think  that  higher  wages  have  stimulated  better  organiza- 
tion and  better  production  on  the  part  of  the  workers^ 
Badly  paid  work  is  seldom  or  never  good  work;  and  the 
experience  of  the  Trade  Boards  certainly  suggests  that 
the  higher  rates  fixed  have  proved  in  the  long  run  bene- 
ficial to  the  employer  las  well  as  to  the  worker. 

(3)  On  Organization.  As  regards  employers  there 
is  no  doubt  that  the  formation  of  a  Trade  Board  has 
strengthened  organization,  both  in  the  direction  of  in- 
creased membership  of  associations  and  of  their  fusion 
into  strong  federations.  On  the  workers'  side  the  effect 
on  organization  has  been  less  marked,  but  there  is  no 
reason  to  think  that  the  Trade  Boards  have  retarded 
voluntary  organization.  In  some  trades,  e.  g,,  the  Tailor- 
ing trade,  trade  unionism  has  advanced  rapidly  since 
the  Boards  were  set  up.  The  policy  of  the  workers '  side 
is  usually  determined  by  the  trade  union  representatives, 
so  that  by  joining  a  union,  the  workers  get  better  repre- 
sentation on  the  Boiard  and  more  control  over  its  actions. 

(4)  On  Employment.  The  fear  that  the  fixing  of 
minimum  rates  would  lead  to  the  dismissal  of  the  least 
efficient  workers  has  not  been  realized  in  practice.  The 
Board's  power  to  give  permits  of  exemption  is  a  suf- 
ficient safeguard.  There  is  'also  no  evidence  that  the 
raising  of  rates  has  reduced  the  volume  of  employment 
or  has  led  to  the  substitution  of  juveniles  for  adult  labour. 
Both  these  points  are  naturally  watched  very  closely  by 
the  Board,  and  in  fixing  learners'  rates  they  ensure  that 
there  will  be  no  temptation  to  replace  adults  by  ju- 
veniles.   (Page  4.) 


146 

Evidence  Before  the  Agricultural  Policy  Suhcormnittee 
of  the  Reconstruction  Committee,  Great  Britain., 
\CD  9080.     1918. 

Sir  William  Beveridge   (now  Director  of  the  London 
School  of  Economics) : 

98.  As  regards  the  results  of  the  Trade  Boards  Act, 
Mr.  Beveridge  made  the  following  general  observations : 

(1)  That  in  some  of  the  worse-paid  trades  (in  par- 
ticular, lace  finishing  and  chain-making)  a  substantial 
general  'advance  of  wages  has  been  brought  about.  In 
others,  where  the  original  level  of  wages  was  higher, 
the  advance  has  been  less  general.  But  in  these  also  the 
Trade  Boards  have  leveled  up  the  rates  paid  by  the  worst 
employers  'and  in  the  lower  paid  districts.  There  is  no 
reason  to  doubt  that  the  minimum  rates  fiaed  by  the 
Boards  are,  in  fact,  generally  observed. 

(2)  This  has  been  accomplished  without  involving 
harmful  effects  upon  any  trade  as  a  whole  or  hardship 
to  any  appreciable  number  of  individuals.  The  power  of 
putting  inferior  workers  on  piece-rates,  together  with  the 
provision  for  permits  of  exemption  for  time-workers, 
have  substantially  met  any  difficulty  of  this  kind. 

(3)  It  has  proved  possible,  even  in  trades  which 
were  wholly  or  largely  unorganized,  to  set  up  fairly  rep- 
resentative Trade  Boards,  and  the  setting  up  of  the 
Trade  Board  has  in  itself  largely  increased  the  amount 
of  organization  both  of  the  employers  and  of  the  work 
people.  This  has  been  particularly  marked  amongst 
employers. 

(4)  There  is  a  fair  amount  of  evidence  of  improve- 
ment of  factory  organization  with  a  view  to  securing 
greater  efficiency  of  production,  and  the  higher  wages 
have  to  a  large  extent  come  from  this  source.  (Pages 
15,  16.) 


147 

Report  of  Provisional  Joint  Committee  Presented  to 
Meeting  of  the  Industrial  Conference.  Central 
EM,  Westminster.  April  4,  1919.  Cmd.  135. 
1919. 

The  Committee  have  agreed  that  minimum  time-rates 
of  wages  should  be  established  by  legal  enactment,  and 
that  they  ought  to  be  of  universal  applicability.  The  com- 
mittee took  full  cognizance  both  of  the  difficulties  of 
determining  on  particular  rates  and  of  dealing  with  ex- 
ceptional cases.    (Pages  8,  9.) 


Report  of  the  European  Commission  of  the  National  In- 
dustrial Conference  Board.  Chap.  X,  Sec.  1. 
Minimunfn  Wage  in  Great  Britain.    Nov.  1919. 

In  general  it  may  be  concluded  that  the  Trade  Boards 
have  raised  wages  considerably,  especially  among  the  less 
skilled  workers. 

There  is  no  general  tendency  for  the  minimum  wage 
to  become  the  maximum;  on  the  contrary,  it  is  the  wage 
of  the  poorest  paid  that  seems  to  have  been  raised,  whHe 
that  of  the  more  efficient  workers  was  less  affected.  The 
fixing  of  minimum  rates  in  these  unrepresentative  trades 
is  held  to  have  resulted  also  in  *^  better  organization 
among  the  employers  and  in  improvements  in  the  equip- 
ment and  organization  of  their  factories.* 

Though  prior  to  their  extension,  in  1918,  they  covered 
375,000  workers,  they  cannot,  because  of  the  circum- 
stances characterizing  the  industries  included,  be  consid- 
erable factors  in  the  industrial  situation.  Their  chief 
value  must  always  lie  in  the  protection  they  afford  to 
women  and  young  persons  in  the  less  organized  trades. 
(Page  174.) 

♦See  the  ofl3cial  view  of  the  Board  of  Trade,  London,  in  Third  Report,  New 
York  State  Factory  Investigating  Commission.  Appendix  III — 19.  Pages 
243-44. 


148 

Hansard's  Parliamentary  Debates.    Vol.  92.    April  25, 
1917.    London. 

Sir  Arthur  Black,  M.  P. : 

I  intend  to  vote  for  the  Second  Reading  of  this  Bill, 
and  I  do  so  because  of  the  Clause  which  deals  with  mini- 
mum wages. — The  wages  boards  also  set  out  in  the  Bill 
for  providing  means  for  paying  the  minimum  wage  were 
also  subject  to  some  criticism.  I  happen  to  be  connected 
with  one  of  the  trades  already  scheduled  under  a  wages 
board,  and  I  know  that  under  the  regulations  framed  by 
those  boards  hundreds  of  thousands  of  workers  in  this 
county  have  secured  to  them  a  fair  and  reasonable  wage 
which  in  many  cases  they  would  never  have  had  apart 
from  the  operations  of  the  wages  board.  Therefore  if  we 
get  nothing  else  but  this  Clause  under  the  Bill,  I  should 
think  that  the  President  of  the  Board  of  Agriculture  had 
done  a  great  day's  work  for  the  county,  and  I  wish  him 
all  success.     (Page  2507.) 


Hansard's   Parliamentary   Debates.    (Lords)    Vol.    26. 
August  10,  1917.    London. 

Et.  Hon.  Viscount  Milner: 

As  to  the  principle  of  fixing  minimum  wages  at  all  by 
a  Wages  Board,  I  know  that  theoretically  any  number  of 
arguments  may  be  adduced  against  it.  They  were  ad- 
duced— ^^the  same  arguments  as  we  have  heard  to-day — 
over  and  over  again  when  the  first  experiment  of  a  mini- 
mum wage  was  made  in  this  county  by  the  Trades  Boards 
Act  of  1909.  We  have  now  had  seven  or  eight  years'  expe- 
rience of  that  Act.  I  think  there  are  few  people  in  this 
country  who  would  deny  that  it  has  done  a  very  great 
deal  of  good,  and  I  am  sure  that  nobody  would  ask  for  it 
to  be  repealed.    (Page  330.) 


149 

HoAisard's  Parliamentary  Debates.    Vol.  107,    Jime  17, 
1918.    London. 

Right  Honorable  W.  Runciman,  Member  from  Dewsbury : 

I  had  the  privilege  of  working  at  the  Board  of  Trade 
during,  it  is  true,  a  very  busy  time,  when  it  was  impos- 
sible for  me  to  give  adequate  attention  to  the  operation 
of  the  trade  boards,  but  I  saw  enough  during  the  experi- 
ence I  had  there  to  feel  that  all  the  anticipation  of  those 
who  introduced  the  original  Act  in  1909  had  been  fully 
justified.  There  was  not  a  single  trade  to  which  the 
Trade  Boards  Act  was  applied  where  its  influence  had 
not  been  that  of  unmixed  benefit,  an  unmixed  benefit 
not  only  to  those  employed  in  the  trade,  but  to  the  em- 
ployers themselves.  I  know  something  by  personal 
knowledge  of  one  or  two  of  these  trades.  In  the  part  of 
the  county  which  I  represent  in  this  House  we  have  had 
some  experience  of  the  work  of  the  Trade  Boards  Act, 
and  in  these  trades  the  employers  as  well  as  the  employed 
would  never  think  of  going  back  to  the  old  laissez-faire 
condition  by  which  their  relations  were  conducted  in  the 
past.    (Page  85.) 

Mr.  W.  C.  Anderson,  M.  P. : 

These  trade  boards  have  rescued  whole  industries 
from  abject  squalor,  and  in  quite  a  number  of  trades  the 
worst  forms  of  sweating  have  been  abolished  by  agree- 
ment between  the  representatives  of  the  employers  and 
the  workpeople.  I  could  give  instance  after  instance  of 
what  has  actually  been  done. 

I  am  safe  in  saying  that  quite  apart  from  the  work- 
people altogether,  there  is  not  one  employer  who  has  had 
real  experience  of  these  boards  who  would  wish  to  go 
back  to  the  old  chaos  of  industry.  The  boards  can  create 
the  conditions  which  render  such  boards  unnecessary; 
that  is  to  say,  the  creation  of  these  boards  promotes 
hope,  organization  and  self-respect  in  place  of  squalor 
and  abject  despair.    (Pages  102-3-4.) 


150 

Report  of  a  Conference  of  Employers  Chiefly  Members 
of  the  Society  of  Friends  Held  at  Woodhroohe, 
Birmingham,    April  11-14,  1918. 

[The  minimum  or  basic  wage]  should  be  determined 
primarily  by  human  needs ;  [wages  above  the  minimum] 
by  the  value  of  the  service  rendered. 

The  basic  wage  for  adult  women  of  average  industry 
and  capacity  should  be  the  sum  necessary  to  maintain 
her  in  a  decent  dwelling  and  in  a  state  of  full  physical 
efficiency,  and  to  allow  a  reasonable  margin  for  contin- 
gencies and  recreation.     (Page  132.) 

We  believe  that  the  payment  of  such  wages  should  be 
regarded  by  employers  as  a  necessary  business  liability. 
Till  that  is  discharged  they  should  very  strictly  limit  the 
remuneration  for  their  own  services,  nor  should  they  pay 
larger  dividends  upon  borrowed  capital  than  is  essential 
to  ensure  an  adequate  supply.     (Page  132.) 


Conference  of  Bishops  of  the  Anglican  Commumon, 
Report  of  the  Committee  Appointed  to  Consider 
the  Opportunity  and  Duty  of  the  Church  in  Regard 
to  Industrial  and  Social  Problems,    London,   1920. 

We  reaffirm  the  principles  commended  in  an  index  to 
the  1908  Report.  The  Christian  Church,  which  holds  that 
individual  life  is  sacred,  must  teach  that  it  is  intolerable 
to  it  that  any  part  of  our  industry  should  be  organized 
upon  the  foundation  of  the  misery  and  want  of  the 
laborer.  The  fundamental  Christian  principle  of  the 
remuneration  of  labor  is  that  the  first  charge  upon  any 
industry  must  be  the  proper  maintenance  of  the  laborer — 
an  idea  which  it  has  been  sought  to  express  in  popular 
knowledge  by  the  phrase,  ^Hhe  living  wage.^' 

This  must  not  be  interpreted  as  a  bare  subsistence 
wage.  There  must  be  sufficient  to  live  a  decent  and  com- 
plete, a  cleanly  and  noble  life.     (Pages  70-71.) 


151 

Christianity  and  Industrial  Problems.  Being  the  Report 
of  the  Archbishops'  Fifth  Committee  of  Inquiry, 
London.     1918. 

We  think  that  it  is  the  duty  of  the  nation  to  take 
without  delay  such  steps  as  may  be  necessary  in  order 
to  secure  a  full  living  wage  and  reasonable  hours  of 
labour  to  all  workers  in  industry,  and  that  it  is  the  duty 
of  Christian  men  and  women  to  press  for  the  establish- 
ment of  such  conditions  by  all  means  in  their  power. — 
We  hold  that  the  payment  of  such  a  wage  in  return  for 
such  hours  of  work  ought  to  be  the  first  charge  upon 
every  industry. 

At  the  same  time,  it  is  necessary  that  steps  should 
be  taken  to  raise  the  wages  of  the  more  poorly  paid 
workers.  To  indicate  upon  what  lines  such  steps  should 
proceed,  we  would  refer  our  readers  to  the  experience 
derived  from  the  administration  of  the  Trades  Boards 
Act  of  1909. — Such  Trade  Boards  have  now  been  estab- 
lished in  eight  industries  in  England,  and  five  in  Ireland, 
and  their  number  is  likely,  we  understand,  to  be  consid- 
erably increased  in  the  near  future.  They  have  played 
an  important  part  in  stimulating  and  giving  practical 
effect  to  the  public  opinion  of  the  trades  in  which  they 
are  established,  and  have  enabled  the  higher  standards 
of  certain  districts  to  raise  the  lower  standards  of  others. 
They  have  largely  increased  the  earnings  of  a  large  num- 
ber of  poorly  paid  workers,  with  the  approval  both  of 
those  employed  and  of  the  majority  of  employers.  By 
establishing  a  minimum  below  which  wages  cannot  be 
driven,  they  have  enabled  workers  who  previously  were 
too  poor  or  too  helpless  to  organize  to  protect  themselves 
by  combination,  and  to  obtain  by  trade  unionism  rates 
considerably  above  the  minimum  fixed  by  the  Boards. 
(Pages  75-77.) 


152 

Christian  Social  Reconstruction,  A  Statement  of  Prvn^ 
ci/ples  and  Proposals  put  forward  hy  the  Inter-: 
denominational  Conference  of  Social  Service 
Unions  [of  the  Baptist,  Catholic,  Christian,  Con- 
gregational, Friends,  Unitariam,  Presbyterian, 
Primitive  Methodist,  United  Methodist  and  Wes- 
leyan  Methodist  Churches'].    London.    1918. 

[The]   more  flagrant  abuses   [of  the  wage  system] 
may  to  some  extent  be  remedied  by  a  gradual  and  pru- 
dent extension  of  the  Trades  Board  system  and  by  the 
giving  of  a  legal  sanction  to  a  minimum  standard  in  the 
manner  of  the  Coal  Mine  Act.    (Pages  5-6.) 
U.  S.  Bepurtm.ent  of  Labor.    Bureau^  of  Labor  Statistics. 
Monthly  Labor  Review.   Minimwn  Rates  of  Wages 
of  Agricultural  Laborers  in  Enaland  omd  Wales, 
Vol.  XI,  No.  2.    August,  1920. 

It  is  stated  that  no  really  satisfactory  comparison 
with  figures  for  1914  can  be  made,  but  a  comparison  of 
the  minimum  wage  for  1920  with  the  average  wage  for 
1914  shows  an  increase  of  140  per  cent,  the  mutter  of 
hours  not  being  taken  into  consideration.  It  is  believed, 
however,  that  the  actual  increase  was  substantially 
greater.     (Page  85.) 


153 

(3)     In  Australia. 

The  Australian  System  of  Dealing  with  Labor  Disputes, 
GrEOKGE  Beeby,  Minister  of  Labor  for  New  South 
Wales.    The  Survey.    June  7, 1919. 

To  understand  the  Australian  system  it  is  necessary 
to  realize  that  the  county  i^enerally  has  accepted  three 
definite  industrial  claims  as  now  beyond  dispute. 

3.  The  recognition  of  the  principle  of  a  living  wage 
in  all  industries — that  is,  the  drawing  of  a  line  below 
which  competition  in  the  labor  market  is  illegal,  but 
above  which  ordinary  economic  forces  come  into  play. 
(Page  399.) 


American  Federationist.  January,  1919.  Industrial  Ar- 
bitration in  Australia,  by  Geoege  S.  Beeby,  Minis- 
ter of  Labor  and  Industry  and  Associate  Corm- 
missioner  of  the  Board  of  Trade,  New  South 
Wales, 

The  reproach  of  sweated  industries  has  been  removed 
from  Australasia.  With  slight  exception,  women  and 
children  who  work  in  occupations  which  lend  themselves 
to  oppression  and  misery  are,  compared  with  those  in 
*^free'*  countries,  guaranteed  decent  factory  conditions, 
reasonable  hours  of  labor,  and  minimum  wages. 

Parties  may  differ  as  to  the  extent  of  such  regulation 
and  the  nature  of  the  machinery  for  effecting  it,  but  no 
serious  voice  is  ever  heard  against  the  wisdom  of  inter- 
fering with  freedom  of  contract  in  maintaining  a  reason- 
able standard  of  comfort  for  wage  earners  by  law. 

All  classes  'and  all  political  parties  in  Australia  have 
finally  accepted  the  principle  that  it  is  the  duty  of  the 
state  to  prescribe  a  national  minimum  wage  for  an  eight 
hour  day,  and  to  allow  no  competition  in  the  labor  market 
below  the  living  margin.     (Pages  142-143.) 


154 

Employers'  Federation  of  New  South  Wales.  Report  of 
Annual   Meeting.     13th    November,   1919. 

Eeport  of  Employers'  Conference  on  Industrial  Eelation- 

ships. 

After  full  consideration  this  Conference  is  of  the 
opinion  that  the  following  principles  applied  to  our  in- 
dustrial activities  might  prove  of  value  as  a  means  of 
promoting  that  harmony  in  our  industrial  life  which  is  so 
essential  to  the  progress  and  prosperity  of  the  Common- 
wealth. 

1.  The  continuation  of  the  present  system  of  Arbi- 
tration Tribunals  for  fixing  the  Living  Wage,  and  for 
settling  the  Standard  Wage  and  working  conditions  in 
each  industry.     (Page  22.) 

The  Church  and  Socialism.  Rev.  John  A.  Ryan. 
Washington,  1919.  Essoa/  entitled  ''The  Legal 
Mvnimufm  Wage.'' 

The  compulsory  arbitration  laws  of  New  Zealand  and 
of  some  of  the  Australian  states  embody  the  principle  of 
a  legal  minimum  wage,  inasmuch  las  the  rates  fixed  by  the 
arbitration  courts  are  the  lowest  that  any  employer  is 
permitted  to  pay  throughout  the  trade  involved  in  the 
dispute  and  the  award.  Despite  their  limitations,  these 
laws  have  been  successful  not  only  in  securing  industrial 
peace,  but  in  maintaining  decent  wages  in  all  trades  af- 
fected. This  is  the  verdict  of  all  impartial  observers. 
(Pages  94-95.) 

Minimum  Wage  Study.  Ohio  Council  on  Women  and 
Children  in  Industry.    1920. 

Most  students  of  the  Victorian  system  of  wages 
boards,  who  have  investigated  conditions  at  first  hand, 
have  agreed  in  regard  to  certain  important  results  of  the 
system,  while  perhaps  not  in  full  accord  in  regard  to 
other  consequences.  There  may  be  said  to  be  general 
agreement  in  regard  to  the  following  results: 


155 

1.  The  prevention  of  *  ^  sweating  ^ '  which  was  the  orig- 
inal purpose  of  the  legislation  has  been  accomplished,  al- 
though some  writers  are  inclined  to  argue  that  general 
business  prosperity,  rather  than  the  wages  boards,  is 
mainly  responsible  for  the  elimination  of  this  evil.  In- 
asmuch, however,  as  ^* sweating'*  did  continue  in  certain 
occupations  until  the  Victorian  Anti-Sweating  League 
called  Parliament's  attention  to  the  matter  and  secured 
the  appointment  of  wages  boards  in  these  occupations,  it 
must  be  presumed,  in  the  absence  of  specific  evidence  to 
the  contrary,  that  the  wages  boards  were  responsible  for 
the  disappearance  of  sweating. 

2.  That  wages  have  increased  in  those  trades  in  which 
the  wages  boards  exist  is  always  admitted.  The  further 
fact  that  the  wages  have  increased  more  rapidly  in  the 
trades  with  wage  boards  than  in  those  without  them 
creates  a  strong  presumption  that  the  wages  boards  are 
partly  responsible  for  the  increase.  The  increase  of 
wages  has,  of  course,  been  mainly  in  the  class  of  the  low- 
paid  workers. 

3.  Strikes  are  much  less  frequent  in  the  trades  gov- 
erned by  wages  boards,  the  Government  statistics  show. 
This  is  not  because  the  law  forbids  strikes,  for  it  does 
not  do  so,  although  it  does  provide  the  Court  of  Indus- 
trial Appeals  may  suspend  the  operation  of  a  wages 
board's  determination  while  a  strike  is  in  progress  in 
that  trade.  The  reason  why  strikes  are  relatively  infre- 
quent is  that  since  wages  and  hours  have  been  fixed  by 
the  boards,  the  motives  to  strike  have  been  largely  elim- 
inated. 

4.  The  more  recent  investigators  of  the  industrial 
situation  in  Victoria  all  agree  that  the  industrial  prog- 
ress of  the  State  has  not  been  adversely  affected  by  the 
work  of  the  wages  boards  and  that  employers'  objections 
to  the  law  have  largely  disappeared.  Many  of  them  give 
their  warm  approval  to  the  plan,  for  it  puts  all  employees 
in  a  given  trade  on  terms  of  equal  footing  in  the  matter 
of  wages  and  thus  raises  competition  to  a  higher  plane. 

[Written  by  M.  B.  Hammond,  Ph.  D.]     (Pages  3-4.) 


156 

(4)    In  Canada. 

The  Labour  Gazette.  The  Department  of  Labour, 
Canada.  Volume  XX.  Number  5.  May,  1920.  Uni- 
formity of  Labour  Laws.  Report  of  the  Dominion- 
Provincial  Commission  Appointed  to  Consider 
the  Subject. 

IV.     Minimuni  Wages  for  Women  and  Girls. 

We  approve  the  principle  of  a  minimum  wage  for 
women  and  girls,  and  recommend  that  a  competent  au- 
thority be  created  in  each  Province  in  the  Dominion  to 
establish  a  minimum  wage  adequate  to  maintain  self- 
support  for  women  and  girls,  and  such  authority  shall  be 
empowered  to  fi^  the  hours  of  employment  for  such 
women  and  girls  not  already  provided  for  by  legislation, 
and  further  recommend  that  such  hours  of  employment 
should  not  exceed  48  per  week  except  of  employees  en- 
gaged in  domestic  or  agricultural  employment.  (Page 
546.) 


Canadian  National  Industrial  Conference  of  Dominion 
and  Provincial  Governments  tvith  Representative 
Employers  and  Labour  Men,  on  the  subjects  of  In- 
dustrial Relations  and  Labour  Laws,  and  for  the 
consideration  of  the  Labour  Features  of  the 
Treaty  of  Peace.    Ottawa,  September  15-20,  1919. 

E.  Pamell  (Winnipeg),  representing  manufacturing  in- 
terest in  general: 

In  the  caucus  held  at  the  hotel  the  gentlemen  repre- 
senting the  manufacturers  agreed  by  unanimous  consent, 
without  any  hesitation  at  all,  to  the  arrangement  that 
women  and  children  should  have  a  minimum  wage.  There 
was  practically  no  discussion  about  it,  and  I  want  to  give 
those  gentlemen  credit  for  their  decision.    (Page  109.) 

I  propose  to  discuss  the  relation  of  the  minimum 
wage  to  labour  conditions.  The  view  which  has  long  pre- 
vailed that  labour  is  but  a  part  of  the  finished  product, 


157 

and  must  of  necessity  be  treated  on  the  same  basis  as 
the  materials  which  go  to  make  the  finished  article,  with- 
out any  regard  as  to  whether  the  labourer  is  enabled  to 
get  from  the  wage  paid  the  necessaries  of  life,  is  one  that 
in  my  opinion  must  be  discarded ;  in  other  words,  labour 
should  no  longer  be  treated  merely  as  a  commodity. 

I  am  well  aware  that  I  will  be  confronted  with  the 
statement  that  in  this  age  of  competition  it  is  impossible 
to  run  a  business  successfully  along  these  lines,  and  that 
industry  can  only  pay  according  to  the  ability  of  the  em- 
ployee to  produce ;  that,  if  you  adopt  a  minimum  wage, 
what  will  become  of  those  unable  to  earn  it ;  that  it  would 
generally  retard  employment  for  the  reason  that  greater 
cost  affects  competition,  and  that  employers  are  unable 
to  stand  the  abnormal  wage.  My  answer  is  that  the  mini- 
mum wage  is  now  in  force  in  this  country  in  many  fac- 
tories ;  it  is  given  voluntarily  to  the  men,  by  statute  to  the 
women,  and  it  has  not  been  found  to  work  to  the  detri- 
ment of  either  employer  or  employee.  On  the  contrary, 
the  employee  has  had  a  wage  which  has  enabled  him  to 
get  a  better  standard  of  living,  he  has  had  more  strength 
to  attend  to  the  duties  he  has  to  perform,  and  has  had  a 
contentment  in  his  heart  that  has  led  to  greater  efficiency 
which  has  fully  compensated  the  employer  for  any  loss 
he  may  have  seemed  to  sustain. 

The  commission's  report*  makes  a  recommendation 
that  a  minimum  wage  should  apply  to  women,  girls  and 
unskilled  labour.  With  reference  to  the  latter  class, 
while  I  have  stated  that  it  is  now  worked  out  voluntarily 
in  some  industries  as  it  relates  to  males,  still  it  is  to  a 
large  extent  in  the  experimental  stage  as  far  as  they  are 
concerned;  but  with  regard  to  females  it  is  now  past  the 
experimental  and  is  found  to  be  working  quite  satisfac- 
torily, as  is  evidenced  in  the  province  of  Manitoba,  from 
which  province  I  come.    (Page  110.) 

♦Report  of  a  committee  of  the  Conference.     (Page  186.) 


158 

Minimfum  Wage  Board.    Annual  Report.    Mamitoha  Pub- 
lic Service  Bulletin.    Winnipeg,  March,  1920. 

As  liad  been  anticipated,  the  minimum  wage  regula- 
tions are  having  a  stimulating  effect  upon  wages  in  gen- 
eral. The  board  feels  now  that  practically  all  women  in 
industry  come  under  the  scope  of  the  Act — ^that  the  con- 
dition of  the  woman  wage-earner  in  this  province  is  sec- 
ond to  none  in  the  Dominion.     (Page  13.) 


The  Manitoba  Minimum  Wage  Board.  J.  W.  Macmillan. 
Manitoba  Public  Service  Bulletin.  Winnipeg,  De- 
cember, 1919. 

The  very  fact  that  the  board  had  been  constituted 
from  two  classes  generally  in  conflict  made  it  apparent 
to  its  members  that  harmonious  action  was  highly  de- 
sirable. And  the  simple  and  convincing  principle  upon 
which  the  law  rested,  that  any  industry  taking  the  pro- 
ductive efficiency  of  a  woman  should  at  least  work  and 
pay  her  up  to  the  level  of  wholesome  living,  made  it  pos- 
sible for  us,  who  might  have  differed  radically  about 
more  contentious  matters,  to  work  in  concord  on  this. 
In  the  thirty-five  conferences  which  we  held,  besides 
many  other  meetings,  I  remember  only  two  occasions  in 
which  I  settled  a  difference  of  opinion  by  a  casting  vote 
between  the  representatives  of  the  employers  and  em- 
ployees. 

Employers  Were  Sympathetic. 

Having  seen  the  desirability,  not  to  say  necessity,  of 
harmony  within  the  board,  we  next  perceived  the  desira- 
bility of  securing  the  approval  of  those  who  were  to  be 
controlled  by  the  regulations  we  made.  So  we  adopted 
the  plan  of  summoning  representatives  from  either  side 
in  each  industry  and  discussing  every  point  with  them. 
We  found,  to  our  astonishment  and  delight,  that  they 
were  ready  to  help  us  to  the  extent  of  their  power  and 
that  they  approved  of  regulations  designed  to  support 


159 

the  well-being  of  the  employees.  In  the  thirty-five  con- 
ferences only  once  or  twice  did  an  employer  refuse  to 
approve  of  a  regulation  which  the  board  was  disposed  to 
insist  on,  and  in  those  cases  it  was  some  minor  affair. 
I  should  like  to  pay  my  respects  to  the  employers  of  Man- 
itoba, and  especially  of  Winnipeg,  where  most  of  tlie~ 
industries  we  dealt  with  are  located,  for  their  willingness 
to  accept  the  principle  of  minimum  standards  and  for 
their  honorable  carrying  out  of  the  regulations  pre- 
scribed. 

It  might  seem  that  the  explanation  of  this  ready  con- 
sent lay  in  the  extenuated  nature  of  the  regulations.  But 
it  was  not  so.  In  some  of  the  establishments  where  large 
numbers  of  women  were  employed,  practically  every 
wage  was  increased.     (Page  4.) 


160 
6.    The  Minimum  Wage  Does  Not  Become  the  Maximum. 

One  of  the  earliest  arguments  against  minimum  wage 
legislation  was  that  the  minimum  would  become  the  max- 
imum wage  and  thus  operate  unfairly  against  the  work- 
ers. 

This  false  prophesy  is  disproved  by  several  commis- 
sions. Conclusive  disproof  is  found  in  the  wage  tables 
printed  after  reinvestigations  as  to  compliance  with  the 
wage  decrees.* 

Second  Annual  Report  of  the  Minimum  Wage  Board  of 
the  District  of  Columbia,    December  31, 1919, 

The  figures  showing  the  wage  situation  before  and 
after  the  minimum  wage  orders  became  effective  are  of 
interest  not  only  in  relation  to  the  problem  of  learners 
but  also  as  disproving  the  contention  that  the  minimum 
tends  to  become  the  maximum.  Minimum  wage  legisla- 
tion is  often  opposed  on  the  ground  that  it  will  keep  all 
workers  at  la  dead  level,  that  efficiency  and  skill  will  be 
discouraged  because  they  will  bring  no  additional  re- 
ward. It  is  maintained  that  if  an  employer  has  to  pay 
all  his  employes  at  least  la  certain  wage  he  will  refuse 
to  pay  any  of  them  more.  The  large  percentage  of 
workers  in  both  the  printing  and  the  mercantile  indus- 
tries now  receiving  rates  above  the  minimum  effectually 
dispose  of  this  argument. 

In  the  printing  trades  when  the  original  investiga- 
tion was  made  37.7  per  cent  of  the  women  workers  were 
rated  at  $16  and  over.  Immediately  after  the  $15.50 
minimum  wage  went  into  effect  this  increased  to  58.2 
per  cent.     (Page  26.) 

In  the  mercantile  industry  the  situation  is  much  the 
same.  Here  lan  exact  comparison  is  impossible  since  the 
original  figures  show  the  percentage  receiving  $16  and 
over  and  the  later  figures  the  percentage  receiving  above 
the  minimum,  i.  e.,  above    $16.50.     In    February    and 

♦See  previous  pages  26,  27,  29,  38,  54,  55,  56,  68. 


161 

March,  1919,  the  proportion  of  women  and  minors  rated 
at  $16  and  over  was  25.7  per  cent;  in  November,  1919, 
the  proportion  receiving  over  $16.50  was  38.7  per  cent. 
The  figures  for  the  department  stores  alone  are  20.4 
per  cent  at  $16  and  over  in  February  and  March  and 
31.3  per  cent  at  over  $16.50  in  November.    (Pages  26-27.) 

In  our  study  of  *^  Wages  of  Women  and  Minors  in  the 
Mercantile  Industry  in  the  District  of  Columbia, ' '  atten- 
tion was  called  to  the  variation  in  wage  rates  among  the 
seven  department  stores.  At  that  time,  February  and 
March,  1919,  the  percentage  of  women  and  minors  in 
these  stores  rated  at  $16  and  over  ranged  from  6.7  per 
cent  to  26.2  per  cent.  A  similar  but  less  marked  range 
was  found  in  these  same  stores  after  the  wage  order 
became  effective,  the  percentage  receiving  more  than 
$16.50  and  less  than  $16.50  ranging  from  25.4  per  cent 
to  42  per  cent  and  21.3  per  cent  to  33.6  per  cent,  respec- 
tively. It  is  evident  that  the  character  of  these  stores 
has  not  been  changed  by  the  minimum  wage.  Those 
which  depended  on  cheap  labor  are  still  depending  on 
cheap  labor — learners — to  keep  down  their  expenses. 
The  stores  which  had  earlier  realized  that  organization, 
management,  and  scientific  handling  of  the  labor  force 
are  prime  factors  in  the  cost  of  carrying  on  a  business 
do  not  find  it  necessary  to  keep  the  bulk  of  wages  down 
to  the  minimum  rates  fixed  by  law. 

As  time  goes  on  the  force  of  competition  will  in  all 
probability  tend  to  increase  the  percentage  of  employees 
in  both  the  printing  and  mercantile  industries  receiving 
above  the  minimum.  Without  awaiting  further  devel- 
opments, however,  it  may  safely  be  deduced  from  these 
figures  'that  under  a  minimum  wage  skill  and  experience 
do  count  and  that  workers  of  more  than  average  ability 
do  secure  recognition  of  their  superior  value.   (Page  27.) 

Third  Biennial  Report  of  the  California  Industrial  Wel- 
fare Commission.    1917-1918. 

Every  one  per  cent  decrease  in  the  low  paid  group 
means  a  one  per  cent  increase  in  the  higher  paid  groups, 


162 

with  increased  standard  of  living  for  the  worker.  This 
promotion  into  the  better  paid  groups  both  in  the  case 
of  the  laundry  and  of  the  mercantile  was  without  detri- 
ment to  the  higher  paid  group.  The  minimum  has  not 
become  the  maximum.  A  limitation  of  apprentices  to 
25  per  cent  of  women  employed,  protects  the  experienced 
workers  in  the  enjoyment  of  the  minimum  wage.     (Page 

This  decrease  in  the  percentage  in  the  low  wage 
groups  meant  a  promotion  to  better  wages  and  not  unem- 
ployment for  the  persons  involved.  The  same  estab- 
lishments are  covered  in  September  as  in  April,  and  no 
others.  The  total  number  of  employees  increased  from 
14,335  in  April  to  15,794  in  September,  or  ten  per  cent. 
The  most  noticeable  relative  increase  in  numbers  was  in 
the  $10  group  which  rose  from  13  per  cent  to  32  per  cent, 
or  an  increase  of  19  per  cent.  In  April  39.7  per  cent 
received  under  $10,  in  September,  20.1  per  cent;  a  de- 
crease of  19.6  per  cent. 

From  this,  the  generalization  must  not  be  made  that 
the  minimum  becomes  the  standard  wage.  There  is  al- 
ways one  wage  group  that  is  representative  of  a  larger 
per  cent  of  workers  than  any  other.  In  April,  it  was 
the  $9  group.  The  minimum  wage  order  pushed  this  up 
to  $10  and  greatly  augmented  the  number  who  received 
the  standard  wage.  The  minimum  wage  does  not  become 
the  standard  wage  in  the  sense  of  creating  a  standard. 
A  standard  wage  already  exists,  the  minimum  wage 
merely  raises  this,  and  also  increases  the  number  coming 
under  it.     (Page  39.) 

For  similar  reasons,  it  is  not  correct  to  say  that  the 
minimum  becomes  the  maximum  wage.  The  highest 
wages  lare  paid  to  a  few  possessing  special  qualifications 
of  skill  or  executive  ability.  In  the  stores,  the  $25  and 
over  group  is  composed  almost  entirely  of  buyers  or 
assistants,  department  heads,  and  forewomen.  As  in 
the  case  of  the  overhead  charges,  the  percentage  for  this 
group  does  not  grow  proportionately  with  the  business. 
This  is  more  certain  to  be  the  case  if  wages  are  raised, 
for  better  pay  improves  the  general  tone  of  employees, 


163 

besides  attracting  a  more  intelligent  and  dependable 
type.  This  improved  type  of  employe*?  does  not  require 
as  much  supervision  as  the  underpaid  clerk. 

The  minimum  wage  and  better  working  conditions 
might  be  expected  to  decrease  the  number  of  supervisory 
positions,  certainly  it  would  not  add  to  them.  But  better 
pay  in  the  lower  groups  operates  all  along  the  line  to 
push  wages  up.  In  the  $10  and  over  grou^  there  was  an 
increase  for  the  state  of  19.6  per  cent  in  September  over 
April.  In  the  higher  groups  of  $12  and. over,  the  per 
cent  in  1914  was  32 ;  in  April,  1917,  40;  and  in  September, 
40.  The  tactual  number  in  the  $12  and  over  group  rose 
from  5,729  to  6,195,  or  8  per  cent.  This  is  proof  that  the 
minimum  wage  did  not  become  the  maximum.   (Page  44.) 


Report  on  the  Regulation  of  Wages,  Hours  amd  Working 
^Conditions  of  Women  and  Minors  in  the  Fruit  and 
Vegetable  Canning  Industry  of  California.  Cali- 
fornia^ Industrial  Welfare  Commission.  May, 
1917. 

The  effect  which  the  rulings  had  in  raising  the  piece 
rates  is  shown  in  detail  in  the  following  report.  It  is 
commonly  charged  by  the  opponents  of  minimum  wage 
legislation  that  the  ^^  minimum  will  become  the  maxi- 
mum. ^ '  It  would  be  much  more  likely  that  the  minimum 
piece  rate  would  become  the  standard  nate  than  that  a 
minimum  time  rate  should  become  the  standard,  since 
under  the  operation  of  minimum  piece  rates  the  average 
earnings  in  efficient  plants  will  be  higher  than  the  piece 
rates  were  estimated  to  yield.  That  the  minimum  did 
not  become  the  maximum  is  shown  by  the  fact  that  in 
1916,  43  per  cent  of  the  apricot  pack  was  put  up  at  piece 
rates  higher  than  the  minimum;  17  per  cent  of  the  cling 
peach  pack;  27  per  cent  of  the  free  peach  pack;  and  11 
per  cent  of  the  pear  pack.     (Page  67.) 

It  is  also  commonly  stated  that  if  a  minimum  rate 
were  established  concerns  which  had  previously  paid 
higher  rates  would  reduce  to  meet  this  minimum  rate. 


164 

In  50  instances  on  the  five  products  rates  higher  than 
the  minimum  rate  were  paid  in  1915.  When  the  mini- 
mum rates  went  into  effect  these  higher  rates  were  con- 
tinued in  every  'case  excepting  one.  In  that  instance 
the  establishme^At  reduced  its  piece  rate  on  free  peaches 
when  it  was  req^aired  to  raise  its  rate  on  pears  and  apri- 
cots. The  netuncrease  in  earnings  in  that  one  plant, 
however,  was  ^700.    (Pages  67-68.) 

The  total  increase  in  the  earnings  of  women  on  the 
preparation  o^  peaches,  pears,  apricots  and  tomatoes 
was  nearly  $30,000.  The  increases  on  itime  work  and  on 
piece  rate  canning  were  very  considerable,  but  could  not 
be  computed  owing  to  lack  of  comparative  data  from 
1915.     (Page  68.) 


Minimfum  Wage  Commissions  Current  Facts.    January, 
1920,    National  Consumers'  League.    New  York. 

California  decreed  $10.00  minimum  wage  for  experi- 
enced adults  in  laundries,  effective  January,  1918. 

Comparison  of  payrolls  in  October,  1917,  January, 
1918,  land  November,  1918,  shows 

After  decree? 

(In  January,  1918) 

33.9%  decrease  of  those  earning  less  than  $10. 
3%  increase  of  those  earning  $11  or  more. 

(In  November,  1918) 

45.4%  decrease  of  those  earning  less  than  $10. 
35.3%  increase  of  those  earning  $11  or  more. 
24.8%  increase  of  those  earning  $12  or  more. 

At  first  the  number  getting  a  wage  above  the  decreed 
minimum  was  only  slightly  increased,  but  after  eleven 
months  it  was  increased  one-third.     (Page  15.) 


165 

Mini/mum  Wage  Laws  Are  Good  Business,  Extracts 
from  Letters  by  Employers  Operating  under  a  Le- 
gal Minirrvwm  Wage,  National  Consumers' 
League,  New  York,  October,  1920. 

Minimuin  Wage  Does  Not  Become  the  Maximum. 

Luther  C.  White,  Employment  Manager,  Clothing  Manu- 
facturers'  Association  of  Boston,  Mass.  Feb.  1, 
1920. 

*^Our  attitude  is  not  altruistic  in  the  matter,  for  we 
think  we  know  that  skilled  labor  at  a  fair  wage  is  the 
cheapest  for  the  manufacturer  who  wishes  to  turn  out  a 
properly  made  product.  All  the  clothing  manufacturers 
do  not  see  this,  and  in  the  press  of  competition  are  in- 
clined, perhaps,  to  disregard  the  quality  of  product  and 
use  *cheap'  (i.  e.  low-priced)  labor  to  the  detriment  of 
trade  conditions  as  a  whole.  With  a  minimum  fairly  set, 
no  manufacturer  will  do  this — ^he  will  prefer  to  pay  a 
wage  higher  than  the  minimum  and  secure  competent 
workwomen,  rather  than  pay  a  high  (?)  minimum  to  in- 
efficient workers. '* 


A.  J.  Schroeder,  recent  president  Wisconsin  Retail  Dry 
Goods  Association, — Schroeder  Dry  Goods  Co., 
Racine,  Wis.    Jan.  31, 1920. 

^*The  raising  of  their  salaries''  [i.  e.  employees  who 
had  received  less  than  the  minimum  wage]  ^*  entailed  a 
sympathetic  raising  of  the  salaries  of  a  great  many  other 
employees  so  that  the  proposition  of  pay  would  be  fair. ' ' 

Thomas  Roberts,  Roberts  Bros.,  (dry  goods,  shoes,  men's 
furnishings)  Portland,  Oregon.    January  6,  1920. 

**Not  only  has  it"  [the  minimum  wage]  ^ improved 
the  ones  on  the  lower  scale,  but  it  has  been  the  means  of 
raising  wages  all  along  the  line. ' ' 


166 

James  McCormack,  President,  McCormack  Bros.,  (retail 
dry  goods)  Tacoma,  Wash.    Dec.  30,  1919. 

**The  average  wage  is  fully  25%  more''  [than  the 
minimum  wage]  ** brought  about,  of  course,  by  competi- 
tion for  the  efficient  help  on  the  part  of  department 
stores,  energy  and  ability  on  the  part  of  the  employees. ' ' 


Hansard's  Parliamentary  Debates.    Vol.  107.    1918. 
Sir  R.  Barran,  M.  P. : 

It  has  been  said  that  these  minimum  rates  of  wages 
are  likely  to  be  the  maximum  rates  of  wages.  That  is  not 
the  experience  of  trades  that  have  been  working  under 
the  Act.  In  practically  every  trade,  not  the  better  rate 
of  wages,  but  the  average  rate  of  wages  has  been  con- 
siderably above  the  trade  board  rate.    (Page  115.) 


Province  of  British  [Columbia — Annual  Report  of  The 
Department  of  Labour  for  the  year  ending  Decem- 
ber 31,  1919. 

The  veiled  threat,  voiced  as  an  economic  principle  by 
some  employers  to  their  higher-salaried  employees,  and 
the  belief  of  the  latter,  that  if  a  minimum  wage  was  estab- 
lished in  their  occupation  it  would  necessarily  tend  to  a 
levelling-down  of  the  higher  salaries  is  not  borne  out  in 
reality,  since  a  distinct  increase  is  exhibited  in  the  num- 
ber of  employees  receiving  the  higher  salaries. 

Prom  the  Orders  which  have  been  in  effect  long 
enough  to  make  comparison  the  returns  show  that  the 
fear  expressed  lest  the  minimum  wage  become  the  max- 
imum has  proved  groundless,  since  more  than  an  average 
of  $2  a  week  per  employee  is  being  paid  over  and  above 
the  legal  minimum.     (Page  85.) 

The  investigations  made  by  the  Board  preliminary  to 
the  first  Conference  held  in  1918,  which  dealt  with  the 
Mercantile  Industry,  showed  that  the  minimum  wage 


I 


167 

paid  in  this  occupation  was  $4  a  week ;  the  average  week- 
ly wage  was  $12.77  and  the  average  number  of  hours 
worked  per  week  49.6.  The  legal  minimum  wage  of 
$12.75  became  effective  on  February  24th,  1919.  Despite^ 
the  fears  expressed  at  the  time  it  was  set,  that  not  only 
would  the  working  hours  be  longer,  but  the  minimum 
would  become  the  maximum,  the  tabulation  of  the  pay- 
rolls made  December,  1919,  shows  that  the  present  aver- 
age weekly  wage  is  $14.67  and  the  average  hours  46.1 
per  week,  or  about  $1.92  more  than  the  legal  wage  for 
3.5  hours  less.  The  returns  in  this  occupation  were  taken 
during  the  Christmas  season,  and  show  for  these  weeks 
a  very  slight  increase  in  the  number  of  girl  employees 
under  eighteen  years  of  age.  This  is  explained  by  the 
entry  into  this  occupation  of  many  high  school  and  uni- 
versity girls,  who  act  as  sales  clerks  in  the  various  shops 
during  the  holiday  season  for  the  purpose  of  making  a 
little  money  for  the  Christmas  spending.  That  this  ap- 
parent increase  is  probably  a  negligible  factor  is  borne 
out  by  the  fact  that  other  occupations  plainly  show  a 
decrease.  There  is  also  an  increase  in  the  number  of 
girls  and  women  employed  in  this  occupation.  A  glance 
at  the  tabulated  figures  leads  irresistibly  to  the  conclu- 
sion that  very  many  women  Avorkers  in  the  Mercantile 
section  have  moved  up  to  a  higher  rate  of  pay  as  com- 
pared with  the  previous  year.  This  is  most  accentuated, 
of  course,  in  the  case  of  women  workers  eighteen  years 
of  age  or  over.  Of  these,  almost  exactly  one-half  were 
receiving  in  1918  less  than  $12  per  week.  The  1919  re- 
turns show  only  one  in  fifteen  receiving  less  than  $12, 
these  consisting  entirely  of  learners.  There  is  a  substan- 
tial increase — ^from  72  to  119 — in  the  number  receiving 
$20  weekly  and  over,  and  a  still  larger  increase  in  those 
receiving  from  $15  to  $20  per  week,  so  that  the  tendency 
feared  by  some  critics  that  there  would  be  a  levelling- 
down  in  the  higher  salaries  is  so  far  non-existent. 

In  the  Laundry  Industry  the  preliminary  investiga- 
tion showed  the  weekly  minimum  wage  for  experienced 
women  over  eighteen  years  of  age  to  be  $6  in  1918.  The 
average  weekly  wage  was  $11.80  and  the  average  hours 


168 

47.2  per  week.  The  legal  minimum  wage  of  $13.50  be- 
came effeotive  on  March  31st,  1919.  The  average  wage 
rose  to  $14.48  and  the  hours  fell  to  45.1,  showing  an 
average  of  $2.68  more  than  that  of  the  previous  year  for 
2.1  hours  less.  An  increased  number  of  female  em- 
ployees is  recorded,  but  there  is  a  decrease  in  the  num- 
ber of  girls  under  eighteen  years  of  age.  In  this  industry 
also  the  average  wage  is  well  above  the  minimum. 


169 

7.    The  Displacement    of  Workers   Is  Inconsiderable. 

In  all  minimum  wage  legislation  a  special  provision  is 
made  to  license  sub-standard  workers  to  work  at  reduced 
rates.  Surprisingly  few  licenses  have  been  applied  for. 
Yet  only  a  slight  displacement  of  workers  has  been  re- 
ported, usually  in  the  nature  of  a  readjustment  favorable 
to  the  worker. 

Second  Annual  Report  of  the  Minimum  Wage  Board  of 
the  District  of  Columbia.    December  31,  1919, 

Under  the  law  [special  licenses]  may  be  issued  to  a 
person  *^  whose  earning  capacity  has  been  impaired  by 
age  or  otherwise. '^  Of  the  51  licenses  issued,  45  were  to 
women  whose  earning  capacity  was  impaired  by  age;  3 
of  the  remainder  were  to  subnormal  girls,  and  3  were  to 
women  whose  physical  condition  did  not  permit  them  to 
do  heavy  or  continuous  work.  The  latter  3  were  issued 
for  short  periods  only,  at  the  end  of  which  it  is  expected 
that  the  licensee  will  have  regained  her  health.  The 
rates  at  which  licenses  were  granted  ranged  from  $10  to 
$15,  the  great  majority  being  at  $12  or  $14.    (Page  24.) 

No  piece  of  constructive  legislation  can  be  put  into 
effect  without  causing  some  destruction;  so  it  is  with 
the  minimum  wage  law.  The  putting  into  effect  of  the 
minimum  wage  orders  revealed  the  existence  of  a  con- 
siderable number  of  able-bodied  persons  who  because  of 
lack  of  initiative,  education,  and  opportunity  were  un- 
able to  compete  on  an  equal  footing  with  the  other  work- 
ers in  a  particular  class  of  work.  For  example,  some 
women  who  had  been  employed  as  saleswomen  were  dis- 
missed when  the  order  became  operative  on  the  ground 
that  they  were  incapable  of  earning  the  minimum  rate. 
Many  of  these  women  were  not  qualified  to  serve  custom- 
ers, although  in  another  occupation  having  different  re- 
quirements they  might  easily  earn  a  living  wage.  This 
shifting  into  new  lines  of  work  for  which  the  woman  is 


170 

better  suited  makes  for  the  ultimate  good  of  the  indi- 
vidual as  well  as  of  the  community.  One  drawback, 
however,  to  a  perfect  adjustment  of  the  worker  to  the 
job  is  found  in  the  limited  number  of  industries  in  the 
District.  There  are  comparatively  few  factories  to  which 
the  woman  unfitted  for  salesmanship  can  turn.  Hotels, 
restaurants,  laundries,  telephone  and  telegraph  offices 
are  the  only  establishments  which  offer  employment  on 
a  comparatively  large  scale.  These  industries  may  not 
offer  the  kind  of  work  for  which  the  applicant  is  best 
suited. 

There  are  other  groups  of  women  for  whom  no  occu- 
pation can  possibly  be  found  in  which  they  can  compete 
successfully  with  workers  of  ordinary  ability.  Those 
whose  earning  capacity  has  been  impaired  by  age  or 
physical  or  mental  disability  are  permitted  under  the  law 
to  secure  special  licenses  authorizing  their  employment 
at  a  rate  less  than  the  minimum.  This  provision  has 
made  it  possible  for  certain  women  to  retain  their  jobs 
when  otherwise  they  would  have  been  dismissed.  It  is 
in  effect,  however,  a  mere  begging  of  the  question.  If 
these  women  are  unable  to  earn  a  living  wage  some  other 
provision  should  be  made  for  them.  They  ought  not  to 
be  allowed  to  drag  out  their  existence  on  the  pittance 
which  they  are  able  to  earn.  Furthermore  there  are 
other  substandard  workers  whose  disabilities  are  of  too 
indefinite  a  nature  to  permit  their  coming  under  this 
provision  of  the  law. 

The  attention  of  the  community  cannot  be  called  too 
soon  to  the  existence  of  these  groups  in  industry  who 
appear  to  suffer  from  rather  than  benefit  by  the  minimum 
wage  law.  The  children,  the  widows,  the  aged  and  in- 
firm, the  mentally  defective,  the  substandard  workers 
cannot  be  adequately  protected  by  wage  legislation. 
They  must  be  cared  for  in  some  other  way.  When  other 
provision  is  made  for  these  groups  the  work  of  the  Mini- 
mum Wage  Board  can  be  rendered  more  constructive  and 
effective.     (Pages  28-29.) 


171 

Second  Annual  Report  of  the  Minimum  Wage  Board  of 
the  District  of  {Columbia.    December  31,  1919, 

One  effect  of  the  high  minimum  wage  rates  predicted 
by  some  business  men  was  the  wholesale  displacement  of 
women  by  men.  In  the  printing,  publishing,  and  allied 
industries  no  case  of  displacement  has  been  called  to  our 
attention.  Neither  has  there  been  a  falling  off  in  the 
total  number  of  women  employed  in  these  industries. 

In  the  mercantile  industry  men  have  replaced  women 
in  certain  occupations  where  their  superior  strength  en- 
ables them  to  do  heavier  work  in  addition  to  their  regular 
task,  but  such  replacement  has  been  comparatively  slight. 
There  has  been  a  decrease  in  the  number  of  women  em- 
ployed as  maids  and  cleaners  in  the  ladies '  specialty 
shops,  a  smaller  number  of  better  paid  employees  taking 
the  place  of  a  larger  number  of  poorly  paid  workers.  A 
distinct  advantage  to  the  community  results  from  such 
raising  of  the  efficiency  standards.  Whether  such  a  re- 
duction in  the  labor  force  will  take  place  in  the  larger 
stores  is  problematical.  Since  the  order  became  effective 
these  establishments  have  taken  on  a  large  number  of 
workers  to  take  care  of  the  holiday  trade.  If  there  is  a 
cut  in  the  normal  working  force  it  will  come  during  Feb- 
ruary. But  this  is  a  period  when  the  labor  force  ordi- 
narily reaches  its  lowest  level,  so  it  will  be  difficult  to 
determine  how  much  the  reduction  is  due  to  trade  condi- 
tions and  how  much  to  the  minimum  wage.  All  the  indi- 
cations are  that  the  employee  of  ordinary  ability  will 
not  be  affected  adversely  by  this  legislation.  (Pages 
27-28.) 


The  Mimmwm  Wage,  Ida  M.  Thrasher,  of  Lanshurgh 
S  Bro.j  Washington^  D.  1(7.  Prince  Al/wmnae  News. 
The  Prince  School  of  Education  for  Store  Service, 
February/,  1920. 

In  the  Spring  of  1919,  Congress  passed  a  law  making 
a  minimum  wage  for  the  District  of  Columbia  to  take 


172 

effect  sixty  days  after  the  settlement  of  a  wage  sdale. 
This  went  into  effect  October  28,  1919. 

This  scale  set  a  minimum  wage  of  $16.50  for  all 
women  over  eighteen  years  of  age  who  had  had  at  least 
seven  months^  experience  in  the  mercantile  world.  Ac- 
cording to  that  law,  the  beginner  was  to  receive  a  salary 
of  $12.50  for  the  first  three  months  of  her  probation 
period,  and  $14.50  for  the  next  four. 

Perhaps  it  is  too  early  in  the  game  to  form  any  con- 
clusion worthy  of  consideration,  as  the  law  has  been  in 
effect  for  a  period  of  only  a  little  over  three  months. 
'V\^ether  it  is  a  good  law  or  a  bad  law,  time  alone  can 
prove,  but  at  present  the  results  strike  me  as  being 
almost  wholly  on  the  side  of  the  good.  As  one  of  the 
workers  in  the  firm  of  Lansburgh  &  Bro.,  I  shall,  of 
course,  speak  largely  of  the  effects  of  the  law  as  they 
seem  to  be  working  out  in  our  own  store. 

The  most  interesting  and  far  reaching  results  of  the 
passing  of  the  Minimum  Wage  Law  seem  to  be  that  of 
a  general  increased  efficiency,  and  a  decreased  labor  turn 
over.  During  the  weeks  previous  to  the  passing  of  the 
law,  there  had  to  be  a  gradual  process  of  weeding  out  of 
those  who  were  failing  to  earn  what  the  store  was  at  that 
time  paying  them,  and  who  gave  little  or  no  promise  of 
measuring  up  to  a  higher  standard ;  it  simply  meant  the 
survival  of  the  fittest  and  every  girl  was  conscious  of 
that  fact.  That  knowledge  resulted  in  a  spirit  of  in- 
creased earnestness  throughout  the  entire  store,  a  spirit 
which  I  believe  is  with  us  still  and  will  remain.  If  the 
girls  had  it  in  them,  they  did  measure  up,  and  consider- 
ing the  number  on  our  pay  roll,  a  surprisingly  small  pro- 
portion were  among  those  found  wanting  and  conse- 
quently dropped. 

There  can  be  little  doubt  but  what  the  Minimum 
Wage  Law  has  had  a  wholesome  effect  upon  more  than 
the  salespeople.  Applicants  for  positions  are  not  taken 
into  the  organization  unless  they  are  promising  from 
the  start;  they  are  carefully  watched  during  the  early 
part  of  their  term  of  employment,  and  dropped  if  they 
fail  to  give  good  returns  for  the  salary  paid.    Those  who 


173 

come  to  us  as  beginners  have  every  opportunity  of  know- 
ing what  is  expected  of  them,  as  classes  in  salesmanship 
are  being  formed  of  all  who  are  serving  the  probation 
period.  If  they  do  not  make  good,  it  will  be  either  their 
own  fault  or  misfortune,  not  because  the  store  is  failing 
in  its  efforts  to  help.  The  girls  realize  that  the  store  is 
in  a  position  io  demand  adequate  returns  and  that  if 
they  do  not  give  those  returns,  they  will  be  asked  to 
join  the  unfortunate  number  whom  no  store  can  afford 
to  keep  in  its  employ,  because  of  their  physical  or  mental 
unfitness  for  the  job.     (Page  9.) 

That  the  law  has  worked  a  hardship  on  some  least 
able  to  bear  it,  cannot  for  one  minute  be  denied.  There 
are  some  whom  no  firm  can  afford  to  pay  what  the  law 
demands,  who  are  capable  of  barely  earning  a  lesser 
wage  but  no  more.  The  Minimum  Wage  Board  has  the 
power  to  issue  permits  to  cover  just  such  cases,  but  it  is 
not  their  policy  to  issue  many;  the  reason  for  such  an 
attitude  needs  no  explanation.  Any  good  law  may  be 
detrimental  to  a  small  number,  but  that  this  law  is  work- 
ing out  for  the  best  good  of  the  greater  number,  I  have 
no  doubt.     (Page  10.) 


Third  Biennial  Report  of  the  California  Industrial  Wel- 
fare Commission.    1917-1918. 

Summing  up  the  accomplishments  of  the  mercantile 
order,  ithe  effects  were  found  to  be : 

2.  That  the  number  of  employees  was  not  decreiased, 
but  increased  10  per  cent.     (Page  48.) 

A  summary  of  the  effects  of  the  order  of  the  Indus- 
trial Welfare  Commission  in  the  laundry  industry  leads 
to  the  same  conclusions  as  in  the  mercantile  industry : 

2.  Employees  did  not  lose  their  positions  because  of 
the  order.     (Page  87.) 

Section  8  (as  amended,  Stats.  1915,  Chap.  571) :  (a) 
*  ^  For  any  occupation  in  which  a  minimum  wage  has  been 


174 

established,  the  commission  may  issue  to  a  woman  phys- 
ically defective  by  age  or  otherwise,  a  special  license 
authorizing  the  employment  of  such  license,  for  a  period 
of  six  months,  for  a  wage  less  than  such  legal  minimum 
wage;  and  the  commission  shall  ^  a  s-pecial  minimum 
wage  for  such  person.  Any  sucb  license  may  be  renewed 
for  like  periods  of  six  months/'  The  commission  exer- 
cised its  power  to  issue  infirm  workers '  licenses,  author- 
izing employment  for  a  wage  less  than  the  legtal  min- 
imum. It  was  recognized  that  there  are  persons  in- 
capable of  attaining  even  the  minimum  standards,  who 
would  become  hopeless  charges  on  the  community,  if 
denied  all  opportunity  to  work.  If  industry  were  com- 
pelled to  give  the  same  terms  to  the  incapacitated  as  to 
the  competent  workers,  the  former  could  not  hope  for 
employment.  This  special  license,  however,  must  be  se- 
cured from  the  commission  for  each  worker.  This  is 
issued  only  upon  joint  application  of  employer  and  em- 
ployee. The  employee  must  state  the  length  of  employ- 
ment in  the  industry,  the  reason  for  the  application,  and 
her  age.  The  employer  agrees  to  give  the  applicant  em- 
ployment lat  specified  work  and  at  a  specified  rate.  An 
investigation  is  made  that  takes  into  account  the  pre- 
vious earnings  of  the  worker  and  the  earnings  of  other 
workers  as  one  measure  of  comparative  skill,  the  physical 
conditions,  age,  training,  the  other  facts  that  might  cause 
a  smaller  output.  If  the  worker  proves  incapable  of 
regular  promotion,  or  of  earning  the  minimum,  the  spe- 
cial license  is  granted,  renewable  every  six  months.  This 
may  specify  a  weekly  time  rate  less  than  the  legal  min- 
imum, or  may  permit  the  employer  to  pay  whatever  the 
employee  is  able  to  earn  at  the  current  piece  rates.  (Page 
66.) 

No  license  has  been  granted  to  any  woman  except 
upon  the  signed  statement  of  la  licensed  physician  that 
the  applicant  was  not  able  to  work  to  normal  capacity 
at  ordinary  tasks,  either  because  of  age  or  physical  dis- 
ability. A  wage  of  $8  to  women  who  (are  incapacitated 
is  a  very  real  aid.  The  commission  safeguards  wage 
standards  of  the  normal  worker  by  careful  restrictions 


175 

on  the  permits.  The  commission  has  been  very  con- 
servative in  granting  the  privilege,  less' than  3  per  cent 
of  the.  total  employees  in  November,  1918,  holding  such 
permits.    (Page  70.) 


Minimu/m  Wage  Commissions.    Current  Facts,    January 
1920.    National  Consumers^  League,    New  York, 

Before  the  Massachusetts  retail  store  decree  went  in- 
to effect,  in  January,  1916,  the  26  neighborhood  houses 
of  Boston  oifered  to  help  readjust  girls  and  women  dis- 
charged las  *Hoo  unskilled,  ignorant  or  incompetent  to  be 
worth  the  minimum  wage. ' ' 

No  considerable  number  of  them  was  found,  except 
from  one  store,  which  had  49.  Seventy  were  listed  from 
12  stores.  One-third  of  these  found  work  right  away, 
the  rest  more  slowly,  except  5  ^^unemployables,''  who 
could  find  no  work  in  nine  months. 

Nine  months  after  the  decree  those  who  were  re- 
employed earned  an  average  of  $7.71  a  week,  in  contrast 
with  their  former  earnings  of  $5.44. 

The  public,  which  pays  the  costs  of  industry,  is  en- 
titled not  to  be  served  in  stores  and  restaurants,  over 
the  telephone  and  on  trolley  cars  and  elevators  by  the 
mentally  defective. 

In  laundries,  factories  and  in  public  kitchens,  where 
they  may  be  a  menace  to  the  safety  of  their  fellow  em- 
ployees, their  presence  should  be  discouraged.  (Page 
14.) 


Minimum  Wage  Study,     Ohio  Council  on  Women  and 
Children  in  Industry.    1920, 

Eliza  P.  Evans,  Secretary,  State  of  Minnesota  Minimum 
Wage  Commission : 

In  so  far  as  I  know,  not  one  woman  or  minor  in  the 
State  of  Minnesota  has  been  thrown  out  of  work  perman- 


176 

ently  by  the  Minimum  Wage  Law.  Yomig  girls  especially 
have  lost  their  jobs,  but  in  most  instances  the  loss  of  the 
job  was  a  good  thing,  because  prior  to  the  promulgation 
of  the  Minimum  Wage  Law,  employers  had  been  in  the 
habit  of  keeping  girls  who  were  little  or  no  good,  because 
they  could  get  them  for  a  low  wage  and,  of  course,  this 
was  a  great  injustice  to  the  girl.  The  result  has  been 
that  the  girls  have  been  forced  to  find  the  kind  of  work 
for  which  they  were  fitted.     (Page  26.) 


Washington.  Tenth  Biennial  Report  of  the  Bureau  of 
Labor,  Statistics  and  Factory  Inspection.  19l6- 
1916. 

After  the  minimum  wage  for  mercantile  establish- 
ments had  been  in  effect  about  sixteen  months,  the  Bureau 
of  Labor  was  asked  to  collect  statistics  on  its  effect  and 
in  October,  1915,  we  began  a  survey  for  that  purpose. 
(Page  270.) 

We  personally  interviewed  each  girl  and  asked  the 
questions  on  the  blank.  Almost  three  thousand  girls  re- 
sponded and  the  result  of  the  information  gained  was 
more  than  gratifying.  Eegarding  the  question,  **Do  you 
know  of  any  girl  who  has  lost  her  position  on  account 
of  the  minimum  wageT'  we  were  able  to  get  the  names 
and  addresses  *of  many,  and  on  interviewing  them  |>er- 
sonally  we  found  there  were  other  reasons,  but  most  of 
them  had  secured  positions  elsewhere  and  were  getting 
the  wage  while  some  of  the  younger  girls  had  returned 
to  school,  hence  the  cry  that  so  many  had  lost  their  posi- 
tions was  groundless.     (Pages  270-271.) 


American  Minimum  Wage  Laws  at  Work,  Dorothy  W. 
Douglas.  American  Economic  Review,  Vol,  IX, 
No,  4.    December,  1919, 

So  far  the  total  number  of  licenses  issued  [to  defec- 
tives] by  the  active  minimum  wage  states  has  been  sur- 


]77 

prisingly  small.  Washington  reports  only  fifty  in  five 
years  of  commission  activity.  The  California  commis- 
sion states  in  respect  to  the  laundry  industry,  where 
infirm  workers  are  more  easily  accommodated  than  else- 
where: ^^No  license  has  been  granted  to  any  woman- 
except  upon  the  signed  statement  of  a  licensed  physician 
that  the  applicant  was  not  able  to  work  to  normal  capac- 
ity at  ordinary  tasks,  either  because  of  age  or  physical 
disability. '  *  Even  then  no  license  is  granted  for  less  than 
$8.  *  *  *  In  November,  1918,  less  than  3  per  cent  of 
the  total  employees    *    *    *     [held]  such  permits.''* 

None  of  these  states  report  any  difficulty  because  of 
applications  from  the  mentally  defective.  In  many  cases 
of  course  the  mentally  defective  would  also  be  physically 
handicapped,  and  thus  receive  their  classification  without 
question.  Of  the  six  licenses  thus  far  issued  by  the  Min- 
nesota commission,  three  were  for  women  thus  doubly 
handicapped.  Our  informant  states  that  no  case  of  pure- 
ly mental  defect  has  as  yet  arisen.  The  Washington 
commission  reports  similarly:  **We  have  had  no  applica- 
tion from  a  mentally  subnormal  person.'' 

In  view  of  the  large  number  of  mental  defectives 
known  to  be  at  large  in  our  population,  this  state  of 
affairs  is  certainly  surprising.  Perhaps  the  majority 
of  them  find  their  way  into  simple  piece  work  operations 
where  their  reduced  output  can  affect  no  one  but  them- 
selves.** Others  doubtless  drift  about  from  job  to  job, 
never  making  themselves  valuable  enough  to  an  employer 
to  cause  him  even  to  try  for  a  license  for  them.  But  a 
large  remainder  appear  to  be  still  unaccounted  for.  Oan 
it  be  that  much  of  our  industry  is  so  simplified  and 
routinized  that  even  a  moron  is  good  enough  to  support 
herself  at  it?  Nay,  possibly  that  she  may  in  some  re- 
spects be  preferable  to  her  normal  and  therefore  more 
restless  sister?     (Pages  726-7.) 

♦Third  Biennial  Report  I.  W.  C.  of  California,  p.  70. 

♦♦However,  in  a  state  like  California  they  would  probably  be  discovered 
even  there,  if  large  numbers  congregated  in  any  one  branch  of  piece  work,  for 
California  has  the  provision  in  her  ruling  on  manufactures  that  66^  per  cent 
of  all  piece  workers  employed  by  any  one  establishment  must  earn  over  the 
weekly  rate.     (I.  W.  C.  Order  No.  11,  amended  1919,  sec.  8(d).) 


178 

Province  of  British  Columbia,  Annual  Report  of  The 
Department  of  Labour  for  the  Year  Endmg 
December  31,  1919. 

The  constantly  reitemted  assertion  that  a  greater 
number  of  girls  under  eighteen  years  of  age  were  being 
employed  since  the  introduction  of  the  minimum  wage 
appears  also  to  be  disproved  by  a  comparison  of  the  re- 
turns, which  indicate  practically  no  change.     (Page  85.) 

The  statement  is  constantly  made  that  under  minimum 
wage  legislation  only  the  competent  can  hope  to  earn  a 
livelihood,  and  that  the  incompetent  will  be  deprived  of 
opportunity  to  obtain  even  the  little  they  now  receive. 
Convincing  reply  to  this  has  been  made  by  Bertha 
Bradley  Warbasse  in  *^The  Survey.^'  She  remtarks: 
^^But  obviously  the  places  made  vacant  must  and  will  be 
filled  by  workers  competent  to  earn  the  minimum  wage 
who  were  out  of  employment.  That  is,  one  class  will 
be  thrown  out  of  work  and  two  will  benefit — the  com- 
petent unemployed  and  the  competent  who  are  employed, 
but  not  receiving  la  living  wage.  *  *  *  The  unem- 
ployed in  America  are  unemployed  men.  Is  it  not  be- 
cause a  man  demands  a  living  wage?  Because  he  per- 
sonally tries  to  exact  a  minimum  wage  from  an  employer 
who  finds  it  cheaper  to  get  several  girls  at  a  less  total 
cost  and  a  larger  total  output?*'     (Page  86.) 

The  Board,  finding  that  statements  are  continually 
made  that  sifice  the  introduction  of  the  minimum  wage 
women  over  eighteen  years  of  fage  are  being  discharged 
in  order  to  be  replaced  by  younger  girls,  for  whom  a 
lower  wage  has  been  set,  caused  a  survey  to  be  made 
in  one  industry  of  which  this  allegation  had  been  very 
definitely  and  persistently  put  forth.  The  actual  figures 
revealed  not  only  that  the  statement  was  unfounded,  but 
that  in  reality  there  had  been  a  very  perceptible  decline 
in  the  number  of  girls  under  eighteen  years  of  age  en- 
gaged in  that  particular  class  of  work.     (Page  87.) 


179 


PART  SECOND. 

THE  EXTENSION  OF  MINIMUM  WAGE  LEGISLA- 
TION. 

I.    In  America. 

Since  1916  minimum  wage  legislation  has  been 
enacted  in  the  District  of  Columbia,  North  Dakota  and 
Texas.  In  Arizona  and  Porto  Rico  a  flat  rate  of  mini- 
mum wages  has  been  established  by  statute.  The  Colo- 
rado act  has  been  replaced  by  one  applying  to  all  women 
employees  and  providing  for  the  creation  of  wage  boards. 
The  Arkansas  statute  has  been  extended  to  apply  to  all 
women  employees  with  certain  few  exceptions.-  The  Cali- 
fornia and  Massachusetts  laws  have  been  amplified  in 
detail. 

Nebraska,  in  1920,  joined  California  and  Ohio  in  val- 
idating minimum  wage  legislation  by  specific  constitu- 
tional authorization. 

(1)     The  Minimum  Wage  Laws. 

District  of  Columbia. 

Enacted  in  1918.  {65th  Congress,  Second  Session,  No. 
215.) 

An  Act  to  protect  the  lives  and  health  and  morals  of 
women  and  minor  workers  in  the  District  of  Co- 
lumbia, and  to  establish  a  Minimum  Wage  Board, 
and  define  its  powers  and  duties,  and  to  provide 
for  the  fixing  of  minimum  wages  for  such  workers, 
and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Oongress  as- 
sembled : 

Section  1. — That  where  used  in  this  Act — the  term 


180 

** Board''  means  the  Minimum  Wage  Board  created  by 
section  two; 

The  term  *^ Commissioners''  means  the  Commission- 
ers of  the  District  of  Columbia; 

The  term  *^ woman"  includes  only  a  woman  of  eigh- 
teen years  of  age  or  over; 

The  term  *^ minor"  means  a  person  of  either  sex  under 
the  age  of  eighteen  years; 

The  term  ^  ^  occupation "  includes  a  business,  industry, 
trade,  or  branch  thereof,  but  shall  not  include  domestic 
service. 

Sec.  2. — That  there  is  hereby  created  a  Board  to  be 
known  as  the  *^ Minimum  Wage  Board,"  to  be  composed 
of  three  members  to  be  appointed  by  the  Commissioners 
of  the  District  of  Columbia.  As  far  as  practicable,  the 
members  shall  be  so  chosen  that  one  will  be  represen- 
tative of  employees,  one  representative  of  employers, 
and  one  representing  the  public. 

The  Commissioners  shall  make  their  first  appoint- 
ments hereunder  within  thirty  days  after  this  Act  takes 
effect,  and  shall  designate  one  of  the  three  members  first 
appointed  to  hold  office  until  January  first,  nineteen  hun- 
dred and  nineteen;  one  to  hold  office  until  January  first, 
nineteen  hundred  and  twenty;  and  one  to  hold  office  until 
January  first,  nineteen  hundred  and  twenty-one.  On  or 
before  the  first  day  of  January  of  each  year,  beginning 
with  the  year^nineteen  hundred  and  nineteen,  the  Com- 
missioners shall  appoint  a  member  to  succeed  the  mem- 
ber whose  term  expires  on  such  first  day  of  January, 
and  such  new  appointee  shall  hold  office  for  the  term  of 
three  years  from  such  first  day  of  January.  Each  mem- 
ber shall  hold  office  until  his  successor  is  appointed  and 
has  qualified;  and  any  vacancy  that  may  occur  in  the 
membership  of  the  Board  shall  be  filled  by  appointment 
by  the  Commissioners  for  the  unexpired  portion  of  the 
term. 

A  majority  of  the  members  shall  constitute  a  quorum 
to  transact  business,  and  the  act  or  decision  of  such  a 
majority  shall  be  deemed  the  act  or  decision  of  the 


181 

Board ;  and  no  vacancy  shall  impair  the  right  of  the  re- 
maining members  to  exercise  all  the  powers  of  the  Board. 

"Sec.  3. — That  the  first  members  appointed  shall  with- 
in twentv^days  after  their  appointment,  meet  and  organ- 
ize the  Soard  by  electing  one  of  their  number  as  chair- 
man and  by  choosing  a  secretary,  who  shall  not  be  a 
member  of  the  Board;  and  on  or  before  the  tenth  day  of 
January  of  each  year  thereafter  the  Board  shall  elect  a 
chairman  and  choose  a  secretary  for  the  ensuing  year. 
The  chairman  and  secretary  shall  each  hold  office  until 
his  successor  is  elected  or  chosen ;  but  the  Board  may  at 
any  time  remove  the  secretary.  The  secretary  shall  per- 
form such  duties  as  may  be  prescribed  and  receive  such 
salary,  not  in  excess  of  $2,500  per  annum,  as  may  be  fixed 
by  the  Board.  None  of  the  members  shall  receive  any 
salary  as  such.  The  Board  shall  have  power  to  employ 
agents  and  such  other  assistants  as  may  be  necessary  for 
the  proper  performance  of  its  duties:  Provided,  That 
until  further  authorization  by  Congress,  the  sum  which 
it  may  expend,  including  the  salary  of  the  secretary,  shall 
not  exceed  the  sum  of  $5,000. 

Sec.  4. — That  at  any  public  hearing  held  by  the  Board 
any  person  interested  in  the  matter  bein^  investigated 
may  appear  and  testify.  Any  member  of  the  Board  shall 
have  power  to  administer  oaths  and  the  Board  may  re- 
quire by  subpoena  the  attendance  and  testimony  of  wit- 
nesses, the  production  of  all  books,  registers  and  other 
evidence  relative  to  any  matters  under  investigation,  at 
any  such  public  hearing  or  at  any  session  of  any  confer- 
ence held  as  hereinafter  provided.  In  case  of  disobedi- 
ence to  a  subpoena  the  Board  may  invoke  the  aid  of  the 
Supreme  Court  of  the  District  of  Columbia  in  requiring 
the  attendance  and  testimony  of  witnesses  and  the  pro- 
Auction  of  documentary  evidence.  In  case  of  contumacy 
or  refusal  to  obey  a  subpoena  the  court  may  issue  an  order 
requiring  appearance  before  the  Board,  the  production 
of  documentary  evidence,  and  the  giving  of  evidence 
touching  the  matter  in  question,  and  any  failure  to  obey 
such  order  of  the  court  may  be  punished  by  such  court 
as  a  contempt  thereof. 


182 

Sec.  5. — That  the  Board  is  hereby  authorized  and  em- 
powered to  make  rules  and  regulations  for  the  carrying 
into  effect  of  this  Act,  including  rules  and  regulations 
for  the  selection  of  members  of  the  conferences  herein- 
after provided  for  and  the  mode  of  procedure  thereof. 

Sec.  6. — That  the  Board  shall,  on  or  before  the  first 
day  of  January  of  the  year  nineteen  hundred  and  nine- 
teen, and  of  each  year  thereafter,  make  a  report  to  the 
Commissioners  of  its  work  and  the  proceedings  under 
this  Act. 

Sec.  7. — That  there  is  hereby  authorized  to  be  ap- 
propriated, out  of  the  revenues  of  the  District  of  Colum- 
bia, for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  nineteen,  the  sum  of  $5,000,  or  so  much 
thereof  as  may  be  necessary,  to  carry  into  effect  the  pro- 
visions of  this  Act. 

Sec.  8. — That  the  Board  shall  have  full  power  and 
authority:  (1),  To  investigate  and  ascertain  the  wages 
of  women  and  minors  in  the  different  occupations  in 
which  they  are  employed  in  the  District  of  Columbia; 
(2),  to  examine,  through  any  member  or  authorized  rep- 
resentative, any  book,  pay  roll  or  other  record  of  any 
employer  of  women  or  minors  that  in  any  way  appertains 
to  or  has  a  bearing  upon  the  question  of  wages  of  any 
such  women  orjninors;  and  (3),  to  require  from  such  em- 
ployer full  and  true  statements  of  the  wages  paid  to  all 
women  and  minors  in  his  employment. 

Every  employer  shall  keep  a  register  of  the  names  of 
the  women  and  minors  employed  by  him  in  any  occupa- 
tion in  the  District  of  Columbia,  of  the  hours  worked  by 
each,  and  of  all  payments  made  to  each,  whether  paid  by 
the  time  or  by  the  piece;  and  shall,  on  request,  permit 
any  member  or  authorized  representative  of  the  Board  to 
examine  such  register. 

To  assist  the  Board  in  carrying  out  this  Act  the  Com- 
missioners shall  at  all  times  give  it  any  information  or 
statistics  in  their  possession  under  the  Act  of  Congress 
approved  February  twenty-fourth,  nineteen  hundred  and 


183 

fourteen,  entitled  '^An  Act  to  regulate  the  hours  of  em- 
ployment and  safeguard  the  health  of  females  employed 
in  the  District  of  Columbia.''  (Public,  numbered  sixty. 
Sixty-third  Congress.) 

Sec.  9. — That  the  Board  is  hereby  authorized  and  em- 
powered to  ascertain  and  declare,  in  the  manner  herein- 
after  provided,  the  following  things:  (a).  Standards  of 
minimum  wages  for  women  in  any  occupation  within  the 
District  of  Columbia,  and  what  wages  are  inadequate  to 
supply  the  necessary  cost  of  living  to  any  such  women 
workers  to  maintain  them  in  good  health  and  to  protect 
their  morals;  and  (b),  standards  of  minimum  wages  for 
minors  in  any  occupation  within  the  District  of  Columbia, 
and  what  wages  are  unreasonably  low  for  any  such  minor 
workers. 

Sec.  10. — That  if,  after  investigation,  the  Board  is  of 
opinion  that  any  substantial  number  of  women  workers 
in  any  occupation  are  receiving  wages  inadequate  to  sup- 
ply them  with  the  necessary  cost  of  living  and  maintain 
them  in  health  and  protect  their  morals,  it  may  call  and 
convene  a  conference  for  the  purpose  and  with  the  powers 
of  considering  and  inquiring  into  and  reporting  on  the 
subject  investigated  by  the  Board  and  submitted  by  it  to 
such  conference.  The  conference  shall  be  composed  of 
not  more  than  three  representatives  of  the  employers  in 
such  occupation,  of  an  equal  number  of  representatives 
of  the  employees  in  such  occupation,  of  not  more  than 
three  disinterested  persons  representing  the  public,  and 
of  one  or  more  members  of  the  Board.  The  Board  shall 
name  and  appoint  all  the  members  of  the  conference 
and  designate  the  chairman  thereof.  Two-thirds  of  the 
members  of  the  conference  shall  constitute  a  quorum, 
and  the  decision  or  recommendation  or  report  of  the 
conference  on  any  subject  submitted  shall  require  a  vote 
of  not  less  than  a  majority  of  all  its  members. 

The  Board  shall  present  to  the  conference  all  the  in- 
formation and  evidence  in  its  possession  or  control  re- 
lating to  the  subject  of  the  inquiry  by  the  conference,  and 


184 

shall  cause  to  be  brought  before  the  conference  any  wit- 
nesses whose  testimony  the  Board  deems  material. 

Sec.  11. — That  after  completing  its  consideration  of 
and  inquiry  into  the  subject  submitted  to  it  by  the  Board, 
the  conference  shall  make  and  transmit  to  the  Board  a 
report  containing  its  findings  and  recommendations  on 
such  subject,  including  recommendations  as  to  standards 
of  minimum  wages  for  women  workers  in  the  occupation 
under  inquiry  and  as  to  what  wages  are  inadequate  to 
supply  the  necessary  cost  of  living  to  women  workers  in 
such  occupation  and  to  maintain  them  in  health  and  to 
protect  their  morals. 

In  its  recommendations  on  a  question  of  wages  the 
conference  (1)  shall,  where  it  appears  that  any  substan- 
tial number  of  women  workers  in  the  occupation  under 
inquiry  are  being  paid  by  piece  rates  as  distinguished 
from  time  rate,  recommend  minimum  piece  rates  as  well 
as  minimum  time  rate  and  recommend  such  minimum 
piece  rates  as  will,  in  its  judgment,  be  adequate  to  supply 
the  necessary  cost  of  living  to  women  workers  in  such 
occupation  of  average  ordinary  ability  and  to  maintain 
them  in  health  and  protect  their  morals;  and  (2)  shall, 
when  it  appears  proper  or  necessary,  recommend  suit- 
able minimum  wages  for  learners  and  apprentices  in 
such  occupation  and  the  maximum  length  of  time  any 
woman  worker  may  be  kept  at  such  wages  as  a  learner 
or  apprentice,  which  wages  shall  be  less  than  the  regular 
minimum  wages  reconomended  for  the  regular  women 
workers  in  such  occupation. 

Sec.  12. — That,  upon  receipt  of  any  report  from  any 
conference,  the  Board  shall  consider  and  review  the 
recommendations,  and  may  approve  or  disapprove  any 
or  all  of  such  recommendations,  and  may  resubmit  to  the 
same  conference,  or  a  new  conference,  any  subject  cov- 
ered by  any  recommendations  so  disapproved. 

If  the  Board  approves  any  recommendations  con- 
tained in  any  report  from  any  conference,  it  shall  publish 
a  notice,  once  a  week,  for  four  successive  weeks  in  a 
newspaper  of  general  circulation  printed  in  the  District 


185 

of  Columbia,  that  it  will,  on  a  date  and  at  a  place  named 
in  the  notice,  hold  a  public  hearing  at  which  all  persons 
in  favor  of  or  opposed  to  such  recommendations  will  be 
heard. 

After  such  hearing  the  Board  may,  in  its  discretion, 
make  and  render  such  an  order  as  may  be  proper  or 
necessary  to  adopt  such  recommendations  and  carry  them 
into  effect,  requiring  all  employers  in  the  occupation  af- 
fected thereby  to  observe  and  comply  with  such  order. 
Such  order  shall  become  effective  sixty  days  after  it  is 
made.  After  such  order  becomes  effective,  and  while  it  is 
effective,  it  shall  be  unlawful  for  any  employer  to  violate 
or  disregard  any  of  its  terms  or  provisions,  or  to  employ 
any  woman  worker  in  any  occupation  covered  by  such 
order  at  lower  wages  than  are  authorized  or  permitted 
therein. 

The  Board  shall,  as  far  as  is  practicable,  mail  a  copy 
of  such  order  to  every  employer  affected  thereby;  and 
every  employer  affected  by  any  such  order  shall  keep  a 
copy  thereof  posted  in  a  conspicuous  place  in  each  room 
in  his  establishment  in  which  women  workers  are  em- 
ployed. 

Sec.  13. — That  for  any  occupation  in  which  only  a 
minimum  time-rate  wage  has  been  established,  the  Board 
may  issue  to  a  woman  whose  earning  capacity  has  been 
impaired  by  age  or  otherwise,  a  special  license  authoriz- 
ing her  employment  at  such  wage  less  than  such  minimum 
time-rate  wage  as  shall  be  fixed  by  the  Board  and  stated 
in  the  license. 

Sec.  14. — That  the  Board  may  at  any  time  inquire  into 
wages  of  minors  employed  in  any  occupation  in  the  Dis- 
trict of  Columbia,  and  determine  suitable  wages  for  them. 
When  the  Board  has  made  such  determination  it  may 
make  such  an  order  as  may  be  proper  or  necessary  to 
carry  such  determination  into  effect.  Such  order  shall 
become  effective  sixty  days  after  it  is  made;  and  after 
such  order  becomes  effective  and  while  it  is  effective  it 
shall  be  unlawful  for  any  employer  in  such  occupation  to 


186 

employ  a  minor  at  less  wages  than  are  specified  or  re- 
quired in  or  by  such  order. 

Sec.  15. — That  any  conference  may  make  a  separate 
inquiry  into  and  report  on  any  branch  of  any  occupation, 
and  the  Board  may  make  a  separate  order  affecting  any 
branch  of  any  occupation. 

Sec.  16. — That  the  Board  shall  from  time  to  time  in- 
vestigate and  ascertain  whether  or  not  employers  in  the 
District  of  Columbia  are  observing  and  complying  with 
its  orders,  and  shall  report  to  the  corporation  counsel  of 
the  District  of  Columbia  all  violations  of  this  Act. 

Sec.  17. — That  all  questions  of  fact  arising  under  the 
foregoing  provisions  of  this  Act  shall,  except  as  other- 
wise herein  provided,  be  determined  by  the  Board,  and 
there  shall  be  no  appeal  from  the  decision  of  the  Board 
on  any  such  question  of  fact ;  but  there  shall  be  a  right  of 
appeal  from  the  Board  to  the  Supreme  Court  of  the  Dis- 
trict of  Columbia  from  any  ruling  or  holding  on  a  ques- 
tion of  law  included  or  embodied  in  any  decision  or  order 
of  the  Board ;  and,  on  the  same  question  of  law,  from  such 
court  to  the  Court  of  Appeals  of  the  District  of  Columbia. 
In  all  such  appeals  the  corporation  counsel  shall  appear 
for  and  represent  the  Board. 

Sec.  18. — That  whoever  violates  this  Act,  whether  an 
employer  or  his  agent,  or  the  director,  officer,  or  agent  of 
any  corporation,  shall  be  deemed  guilty  of  a  misde- 
meanor; and,  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  $25  nor  more  than  $100,  or  by 
imprisonment  not  less  than  ten  days  nor  more  than  three 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.  19. — That  any  employer  and  his  agent,  or  the 
director,  officer,  or  agent  of  any  corporation,  who  dis- 
charges or  in  any  other  manner  discriminates  against  any 
employee  because  such  employee  has  served  or  is  about 
to  serve  on  any  conference,  or  has  testified  or  is  about  to 
testify,  or  because  such  employer  believes  that  said  em- 
ployee may  serve  on  any  conference  or  may  testify  in  any 


187 

investigation  or  proceedings  under  or  relative  to  this  Act, 
shall  be  deemed  guilty  of  a  misdemeanor ;  and,  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $100. 

Sec.  20. — That  any  act  which,  if  done  or  omitted  to  ^ye 
done  by  any  agent  or  officer  or  director  acting  for  such 
employer,  would  constitute  a  violation  of  this  Act,  shall 
also  be  held  to  be  a  violation  by  the  employer  and  subject 
such  employer  to  the  liability  provided  for  by  this  Act. 

Sec.  21. — That  prosecutions  for  violations  of  this  Act 
shall  be  on  information  filed  in  the  police  court  of  the 
District  of  Columbia  by  the  corporation  counsel. 

Sec.  22. — That  if  any  woman  worker  is  paid  by  her 
employer  less  than  the  minimum  wage  to  which  she  is 
entitled  under  or  by  virtue  of  an  order  of  the  Board,  she 
may  recover  in  a  civil  action  the  full  amount  of  such 
minimum  wage,  less  any  amount  actually  paid  to  her  by 
the  employer,  together  with  such  reasonable  attorney's 
fees  as  may  be  allowed  by  the  court ;  and  any  agreement 
for  her  to  work  for  less  than  such  minimum  wage  shall 
be  no  defense  to  such  action. 

Sec.  23. — That  this  Act  shall  be  known  as  the  **  Dis- 
trict of  Columbia  minimum- wage  law.''  The  purposes  of 
the  Act  are  to  protect  the  women  and  minors  of  the  Dis- 
trict from  conditions  detrimental  to  their  health  and 
morals,  resulting  from  wages  which  are  inadequate  to 
maintain  decent  standards  of  living ;  and  the  Act  in  each 
of  its  provisions  and  in  its  entirety  shall  be  interpreted 
to  effectuate  these  purposes. 

[Approved,  September  19, 1918.] 


188 

Arizona. 

Enacted  in  1917.     (jChapter  38.) 

An  Act  to  provide  for  a  minimum  wage  for  women  and 
fixing  penalty  for  violation  thereof. 

Be  it  enacted  hy  the  Legislature  of  the  State  of 
Arizona: 

Section  1. — No  person,  persons,  firm  or  corporation, 
transacting  business  within  the  State  of  Arizona,  shall 
employ  any  female  in  any  store,  office,  shop,  restaurant, 
dining  room,  hotel,  rooming  house,  laundry  or  manufac- 
turing establishment,  at  a  weekly  wage  of  less  than  Ten 
Dollars  per  week ;  a  lesser  amount  being  hereby  declared 
inadequate  to  supply  the  necessary  cost  of  living  to  any 
such  female  to  maintain  her  health,  and  to  provide  her 
with  the  common  necessaries  of  life. 

Sec.  2. — ^Any  person,  persons,  firm  or  corporation 
violating  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  Fifty  Dollars,  nor 
more  than  Three  Hundred  Dollars,  or  by  imprisonment 
in  the  county  jail  for  not  less  than  ten  days,  nor  more 
than  sixty  days,  or  by  both  such  fine  and  imprisonment, 
for  each  separate  offense. 

Sec.  3. — ^All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

[Approved  March  8,  1917.] 


189 

Arkansas. 

Enacted  in  1915.  (Chapter  191.)  Amended  in  1919. 
(Chapter  275.) 

Ac5T  to  regulate  the  hours  of  labor,  safeguard  the  health 
and  establish  a  minimum  wage  for  females  in  the 
State  of  Arkansas. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Be  it  enacted  by  the  People  of  the  State  of  Arkansas: 

Section  1. — That  no  females  shall  be  employed  in  any 
manufacturing,  mechanical  or  mercantile  establishment, 
laundry,  or  by  an  express  or  transportation  company,  in 
this  State,  for  more  than  nine  hours  in  any  one  day,  or 
more  than  six  days,  or  more  than  fifty-four  hours  in  any 
one  week;  provided,  however,  that  the  present  law  gov- 
erning the  employment  of  children  under  sixteen  years 
of  age  shall  not  be  repealed  by  this  act. 

Sec.  2. — That  no  female  under  eighteen  years  of  age 
shall  be  employed  or  permitted  to  work  in,  or  in  connec- 
tion with,  any  of  the  establishments  or  occupations  named 
in  section  1  of  this  Act  before  the  hour  of  7  o  'clock  in  the 
morning,  or  after  the  hour  of  9  o  'clock  in  the  evening  of 
any  one  day. 

Sec.  3. — That  no  female  shall  be  employed  or  per- 
mitted to  work  for  more  than  six  hours  continuously  at 
one  time  in  any  establishment  or  occupation  named  in 
section  1  of  this  Act,  in  which  three  or  more  females  are 
employed,  without  any  interval  of  at  least  three-quarters 
of  an  hour,  except  that  such  female  may  be  so  employed 
for  not  more  than  six  and  one-half  hours  continuously  at 
one  time  if  such  employment  ends  not  later  than  half 
past  1  o'clock  in  the  afternoon,  and  if  she  is  then  dis- 
missed for  the  remainder  of  the  day.  The  time  allowed 
for  noon  luncheon  shall  not  be  less  than  three-quarters 
of  an  hour. 


190 

Sec.  4. — That  every  employer  shall  post  and  keep 
posted  in  a  conspicuous  place  in  every  room  in  any  estab- 
lishment or  occupation  named  in  section  1  of  this  Act  in 
which  females  are  employed,  a  printed  notice  stating  the 
number  of  hours  such  females  are  required  or  permitted 
to  work  on  each  day  of  the  week,  the  hours  of  beginning 
and  ending,  the  recess  allowed  for  meals.  The  printed 
form  of  such  notice  shall  be  furnished  upon  application, 
by  the  Commissioner  of  Labor  and  Statistics.  The  em- 
ployment of  any  such  female  for  longer  time  in  any  one 
day  than  that  stated  in  a  printed  notice  shall  be  deemed 
a  violation  of  the  provisions  of  this  section.  Where  the 
nature  of  the  business  makes  it  impracticable  to  fix  the 
recess  allowed  for  meals  at  the  same  time  for  all  females 
employed,  the  Commissioner  of  Labor  and  Statistics  may 
issue  a  permit  dispensing  with  the  posting  of  the  hours 
when  the  recess  for  meals  begins  and  ends,  and  requiring 
the  posting  of  only  the  total  number  of  hours  that  females 
are  required  or  permitted  to  work  on  each  day  of  the 
week,  and  the  hours  of  beginning  and  stopping  such  work. 
Such  permit  shall  be  kept  by  such  employer  upon  such 
premises  and  exhibited  to  all  inspectors  authorized  to 
enforce  this  Act. 

Sec.  5. — That  every  employer  shall  keep  a  time 
book  or  record  of  every  female  employed  in  any  establish- 
ment or  occupation  named  in  section  1  of  this  Act  stating 
the  wages  paid",  the  number  of  hours  worked  by  her  on 
each  day  of  the  week,  the  hours  of  beginning  and  ending 
such  work  and  the  hours  of  beginning  and  ending  the 
recess  allowed  for  meals.  Such  time  book  or  record  shall 
be  open  at  all  reasonable  hours  to  the  inspection  of  the 
officials  authorized  to  enforce  this  Act.  Any  employer 
who  fails  to  keep  such  record  as  required  by  this  section, 
or  makes  any  false  statements  therein,  or  refuse  to  ex- 
hibit such  time  book  or  record,  or  makes  a  false  statement 
to  any  official  authorized  to  enforce  this  Act  in  reply  to 
any  question  put  in  carrying  out  the  provisions  of  this 
Act  shall  be  liable  for  violation  thereof. 

Sec.  6. — The  Commissioner  of  Labor  and  Statistics, 


191 

or  any  person  duly  authorized  by  him,  may,  in  the  dis- 
charge of  their  duties,  enter  any  establishment  or  occupa- 
tion where  females  are  employed  mentioned  in  section  1 
of  this  Act  as  often  as  practicable  during  reasonable 
hours  and  shall  cause  the  provisions  of  this  Act  to  be 
enforced  therein,  and  shall  have  full  police  power  in  en- 
forcing compliance  therewith. 

Sec.  7. — That  it  shall  be  unlawful  for  any  employer  of 
labor  mentioned  in  section  1  of  this  Act  to  pay  any  female 
worker  in  any  establishment  or  occupation  less  than  the 
wage  specified  in  this  section,  towit,  except  as  herein 
provided:  All  female  workers  who  have  had  six  months' 
practicable  experience  in  any  line  of  industry  or  labor 
shall  be  paid  not  less  than  $1.25  per  day.  The  minimum 
wage  for  inexperienced  female  workers  who  have  not  had 
six  months'  experience  in  any  line  of  industry  or  labor 
shall  be  paid  not  less  than  $1.00  per  day,  provided,  that 
any  inexperienced  female  worker  or  apprentices  shall  be 
given  a  certificate  by  their  employers  showing  the  amount 
of  experience  they  have  had  and  all  time  served  as  inex- 
perienced workers,  or  apprentices  shall  be  cumulative. 
All  female  workers  working  less  than  nine  hours  per  day 
shall  receive  the  same  wages  per  hour  as  those  working 
nine  hours  per  day. 

iSec.  8. — That  whenever  it  can  be  shown  beyond 
question  of  doubt  that  it  would  work  irreparable  injury 
to  any  industry  engaged  in  handling  products,  such  as 
canning  factories  and  candy  factories,  to  comply  with 
the  provisions  of  this  Act,  regarding  hours,  a  commis- 
sion, consisting  of  the  Commissioner  of  Labor  and  Statis- 
tics and  two  competent  women,  to  be  appointed,  one  by 
the  Grovernor,  and  the  other  by  the  State  Commissioner 
of  Labor  and  Statistics,  may  by  majority  vote,  after 
hearing  duly  held  in  which  all  interested  parties  may 
have  been  duly  heard,  permit  such  industry  to  operate 
more  than  nine  hours  per  day,  provided  that  women  em- 
ployed are  paid  at  the  rate  of  time  and  one-half  for  hours 
worked  in  excess  of  nine  hours  in  any  one  day;  provided, 


192 

however,  that  said  period  in  which  overtime  may  be 
worked  shall  not  exceed  90  days  in  any  one  year. 

Sec.  9. — ^All  females  employed  in  any  industry  in  this 
State,  who  are  paid  upon  a  piece-work  basis,  bonus  sys- 
tem, or  any  other  manner  than  by  the  day,  shall  be  paid 
not  less  than  the  rate  per  day  herein  specified  for  female 
employees  who  are  working  on  the  day  rate  system,  and 
a  commission,  consisting  of  the  Commissioner  of  Labor 
and  Statistics,  and  two  competent  women,  one  to  be  ap- 
pointed by  the  Governor,  and  one  by  the  Commissioner 
of  Labor  and  Statistics,  shall  investigate,  upon  complaint, 
any  line  of  industry  wherein  females  are  employed  and  if 
in  their  judgment  said  system  of  piece-work  is  working 
an  injury  to  the  general  health  of  the  employees,  they 
may,  after  hearing,  duly  held,  issue  an  order  compelling 
said  firm  to  abolish  piece-work  or  any  other  injurious 
system,  and  establish  a  daily  rate  of  wages  for  all  female 
employees,  said  rate  not  to  be  less  than  the  rate  specified 
in  section  7  of  this  Act. 

Sec.  10. — Provided,  however,  that  if  said  commission 
should  find,  after  an  investigation  that  a  lower  minimum 
rate  of  wages  is  adequate  to  supply  a  woman,  or  minor 
female  worker  engaged  in  any  occupation,  trade  or  in- 
dustry, the  necessary  cost  of  proper  living,  and  to  main- 
tain the  health  and  welfare  of  such  woman,  or  minor 
female  worker^  may,  after  a  public  hearing,  duly  held, 
at  which  time  all  interested  employers  and  employees  are 
given  a  reasonable  opportunity  to  present  their  argu- 
ments, issue  an  order  establishing  a  minimum  wage  rate 
that  in  their  judgment  is  reasonable,  and  said  rate  so 
established  shall  be  the  legal  minimum  wage  in  the  indus- 
try or  occupation  affected,  and  should  such  said  commis- 
sion find  after  said  investigation  that  the  minimum  wage 
specified  in  section  7  in  this  Act  is  insufficient  to  ade- 
quately supply  a  woman  or  minor  female  worker  engaged 
in  any  occupation,  trade  or  industry,  the  necessary  cost 
of  proper  living  and  to  maintain  the  health  and  welfare 
of  such  woman  or  female  worker,  may,  after  public  hear- 
ing duly  held,  at  which  time  all  interested  parties  are 


193 

given  a  reasonable  opportunity  to  present  their  argu- 
ment, issue  an  order  establishing  a  higher  minimum  wage 
for  female  workers  that,  in  the  judgment  of  the  commis- 
sion, is  reasonable,  and  said  minimum  wage  rate  so  estab- 
lished by  said  commission  shall  be  the  legal  minimum 
wage  in  the  industry  or  occupation  affected. 

Sec.  11.— [As  amended,  Acts  1919,  Ch.  275.]— Said 
Commission,  after  a  public  hearing  duly  held,  at  which 
all  interested  persons  are  given  an  opportunity  to  pre- 
sent arguments,  may  establish  regulations  governing  the 
employment  of  females  in  hotels  and  restaurants;  pro- 
vided, said  rules  and  regulations  shall  not  permit  female 
workers  to  be  employed  in  excess  of  nine  hours  in  any 
one  day,  nor  at  a  lower  rate  of  wages  than  will  supply 
said  female  employees  the  cost  of  proper  living,  and  safe- 
guard their  health  and  welfare.  The  rate  of  wages  estab- 
lished by  the  Commission  shall  not  be  greater  than  the 
rate  of  wages  specified  in  Section  7. 

Sec.  12. — That  any  female  person,  or  persons,  com- 
pany or  corporation,  who  violates  the  provisions  of  this 
Act,  or  does  not  comply  with  the  provisions  of  this  Act, 
shall,  upon  conviction  in  any  court  of  competent  jurisdic- 
tion, be  punished  by  a  fine  of  not  less  than  $25  nor  more 
than  $100  and  each  day  of  noncompliance  shall  constitute 
a  separate  offense. 

Sec.  13.— [As  amended,  Acts  1919,  Ch.  275.]— Should 
any  section  or  sections  of  this  Act  be  held  invalid  by  the 
courts,  it  shall  not  thereby  be  understood  as  affecting, 
and  shall  not  affect,  the  other  provisions  of  this  Act; 
provided  this  Act  shall  not  apply  to  cotton  factories,  or 
to  the  gathering  of  fruits  or  farm  products  in  Arkansas. 

Sec.  14. — All  laws  and  parts  of  laws  in  conflict  with 
this  law  are  hereby  repealed,  and  this  law  being  neces- 
sary for  the  immediate  public  peace,  health  and  safety, 
an  emergency  is  hereby  declared  to  exist,  and  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

[Approved  IMarch  20,  1915.] 


194 
California. 

Enacted  in  1913.  (Chcopter  324)  Amended  in  1915 
(Chapter  571)  and  in  1919  (Chapter  204). 

An  Act  regulating  the  employment  of  women  and  minors 
and  establishing  an  industrial  welfare  commission 
to  investigate  and  deal  with  such  employment,  in- 
cluding a  minimum  wage ;  providing  for  an  appro- 
priation therefor  and  fixing  a  penalty  for  violations 
of  this  act. 

The  Peiople  of  the  State  of  California  do  enact  as  fol- 
lows: 

Section  1. — There  is  hereby  established  a  commission 
to  be  known  as  the  industrial  welfare  commission,  here- 
inafter called  the  commission.  Said  commission  shall 
be  composed  of  five  persons,  at  least  one  of  whom  shall  be 
a  woman,  and  all  of  which  shall  be  appointed  by  the 
governor  as  follows:  two  for  the  term  of  one  year,  one 
for  the  term  of  two  years,  one  for  the  term  of  three  years, 
and  one  for  the  term  of  four  years;  provided,  however, 
that  at  the  expiration  of  their  respective  terms  their  suc- 
cessors shall  be  appointed  to  serve  a  full  term  of  four 
years.  Any  vacancies  shall  be  similarly  filled  for  the  un- 
expired portion  of  the  term  in  which  the  vacancy  shall 
occur.  Thre:e  members  of  the  commission  shall  constitute 
a  quorum.  A  vacancy  on  the  commission  shall  not  impair 
the  right  of  the  remaining  members  to  perform  all  the 
duties  and  exercise  all  the  powers  and  authority  of  the 
commission. 

Sec.  2. — The  members  of  said  commission  shall  draw 
no  salaries,  but  all  of  said  members  shall  be  allowed  ten 
dollars  per  diem  while  engaged  in  the  performance  of 
their  ofiicial  duties.  The  commission  may  employ  a  secre- 
tary, and  such  expert,  clerical  and  other  assistants  as 
may  be  necessary  to  carry  out  the  purposes  of  this  act, 
and  shall  fix  the  compensation  of  such  employees,  and 
may,  also,  to  carry  out  such  purposes,  incur  reasonable 
and  necessary  office  and  other  expenses,  including  the 


195 

necessary  traveling  expenses  of  the  members  of  the  com- 
mission, of  its  secretary,  of  its  experts,  and  of  its  clerks 
and  other  assistants  and  employees.  All  employees  of 
the  commission  shall  hold  office  at  the  pleasure  of  the 
commission.  ^^^ 

Sec.  3. — (a)  It  shall  be  the  duty  of  the  commission  to 
ascertain  the  wages  paid,  the  hours  and  conditions  of 
labor  and  employment  in  the  various  occupations,  trades, 
and  industries  in  which  women  and  minors  are  employed 
in  the  State  of  California,  and  to  make  investigations 
into  the  comfort,  health,  safety  and  welfare  of  such 
women  and  minors. 

(h)  It  shall  be  the  duty  of  every  person,  firm  or  cor- 
poration employing  labor  in  this  state: 

1.  To  furnish  to  the  commission,  at  its  request,  any 
and  all  reports  or  information  which  the  commission 
may  require  to  carry  out  the  purposes  of  this  act,  such 
reports  and  information  to  be  verified  by  the  oath  of  the 
person,  or  a  member  of  the  firm,  or  the  president,  secre- 
tary, or  manager  of  the  corporation  furnishing  the  same, 
if  and  when  so  requested  by  the  commission  or  any  mem- 
ber thereof. 

2.  To  allow  any  member  of  the  commission,  or  its 
secretary,  or  any  of  its  duly  authorized  experts  or  em- 
ployees, free  access  to  the  place  of  business  or  employ- 
ment of  such  person,  firm,  or  corporation,  for  the  purpose 
of  making  any  investigation  authorized  by  this  act,  or  to 
make  inspection  of,  or  excerpts  from,  all  books,  reports, 
contracts,  pay  rolls,  documents,  or  papers,  of  such  per- 
son, firm  or  corporation  relating  to  the  employment  of 
labor  and  payment  therefor  by  such  person,  firm  or  cor- 
poration. 

3.  To  keep  a  register  of  the  names,  ages,  and  resi- 
dence addresses  of  all  women  and  minors  employed. 

(c)  For  the  purposes  of  this  act,  a  minor  is  defined 
to  be  a  person  of  either  sex  under  the  age  of  eighteen 
years. 


196 

Sec.  3y2.— [Amendment,  Acts  1919,  Ch.  204.]  Any 
member  of  the  commission  or  deputies  duly  authorized 
by  it  in  writing,  shall  have  the  power  and  authority  to 
issue  subpoenas  to  compel  the  attendance  of  witnesses  or 
parties  and  the  production  of  books,  papers,  pay  rolls  or 
records,  and  to  administer  oaths  and  to  examine  wit- 
nesses under  oaths  and  to  take  the  verification  or  proof 
of  instruments  of  writing,  and  to  take  depositions  and 
affidavits  for  the  purpose  of  carrying  out  the  provisions 
of  this  act,  or  any  of  its  orders,  rules  or  regulations; 
provided,  that  no  witness  shall  be  compelled  to  attend 
on  said  commission  outside  of  the  county  in  which  said 
witness  resides  or  at  a  distance  greater  than  fifty  miles 
from  his  place  of  residence. 

Obedience  to  subpoenas  issued  by  the  commission  or 
its  duly  authorized  representatives  shall  be  enforced  in 
the  superior  courts  of  the  county  or  city  and  county  in 
which  the  subpoenas  were  issued. 

Sec.  4. — The  commission  may  specify  times  to  hold 
public  hearings,  at  which  times,  employers,  employees, 
or  other  interested  persons,  may  appear  and  give  testi- 
mony as  to  the  matter  under  consideration.  The  com- 
mission or  any  member  thereof  shall  have  power  to  sub- 
poena witnesses  and  to  administer  oaths.  All  witnesses 
subpoenaed  by  the  commission  shall  be  paid  the  fees  and 
mileage  fixe<J  by  law  in  civil  cases.  In  case  of  failure  on 
the  part  of  any  person  to  comply  with  any  order  of  the 
commission  or  any  member  thereof,  or  any  subpoena,  or 
upon  the  refusal  of  any  witness  to  testify  to  any  matter 
regarding  which  he  may  lawfully  be  interrogated  before 
any  wage  board  or  the  commission,  it  shall  be  the  duty 
of  the  superior  court  or  the  judge  thereof,  on  the  applica- 
tion of  a  member  of  the  commission,  to  compel  obedience 
in  the  same  manner,  by  contempt  proceedings  or  other- 
wise, that  such  obedience  would  be  compelled  in  a  pro- 
ceeding pending  before  said  court.  The  commission  shall 
have  power  to  make  and  enforce  reasonable  and  proper 
rules  of  practice  and  procedure  and  shall  not  be  bound 
by  the  technical  rules  of  evidence. 


197 

Sec.  5. — If,  after  investigation,  the  conunission  is  of 
the  opinion  that,  in  any  occupation,  trade,  or  industry, 
the  wages  paid  to  women  and  minors  are  inadequate  to 
supply  the  cost  of  proper  living,  or  the  hours  or  condi-, 
tions  of  labor  are  prejudicial  to  the  health,  morals  or 
welfare  of  the  workers,  the  commission  may  call  a  con- 
ference, hereinafter  called  ''wage  board,''  composed  of 
an  equal  number  of  representatives  of  employers  and 
employees  in  the  occupation,  trade,  or  industry  in  ques- 
tion, and  a  representative  of  the  commission  to  be  desig- 
nated by  it,  who  shall  act  as  the  chairman  of  the  wage 
board.  The  members  of  such  wage  board  shall  be  allowed 
five  dollars  per  diem  and  necessary  traveling  expenses 
while  engaged  in  such  conferences.  The  commission  shall 
make  rules  and  regulations  governing  the  number  and 
selection  of  the  members  and  the  mode  of  procedure^  of 
such  wage  board,  and  shall  exercise  exclusive  jurisdiction 
over  all  questions  arising  as  to  the  validity  of  the  pro- 
cedure and  of  the  recommendations  of  such  wage  board. 
The  proceedings  and  deliberations  of  such  wage  board 
shall  be  made  a  matter  of  record  for  the  use  of  the  com- 
mission, and  shall  be  admissible  as  evidence  in  any  pro- 
ceedings before  the  commission.  On  request  of  the  com- 
mission, it  shall  be  the  duty  of  such  wage  board  to  report 
to  the  commission  its  findings,  including  therein: 

1.  An  estimate  of  the  minimum  wage  adequate  to  sup- 
ply to  women  and  minors  engaged  in  the  occupation, 
trade  or  industry  in  question,  the  necessary  cost  of 
proper  living  and  to  maintain  the  health  and  welfare  of 
such  women  and  minors. 

2.  The  number  of  hours  of  work  per  day  in  the  occu- 
pation, trade  or  industry  in  question,  consistent  with  the 
health  and  welfare  of  such  women  and  minors. 

3.  The  standard  conditions  of  labor  in  the  occupa- 
tion, trade  or  industry  in  question,  demanded  by  the 
health  and  welfare  of  such  women  and  minors. 

Sec.  6.— [As  amended,  Acts  1919,  Ch.  204.]  (a)  The 
commission  shall  have  further  power  after  a  public  hear- 
ing had  upon  its  own  motion  or  upon  petition,  to  fix : 


198 

1.  A  minimum  wage  to  be  paid  to  women  and  minors 
engaged  in  any  occupation,  trade  or  industry  in  this 
state,  which  shall  not  be  less  than  a  wage  adequate  to 
supply  to  such  women  and  minors  the  necessary  cost  of 
proper  living  and  to  maintain  the  health  and  welfare  of 
such  women  and  minors. 

2.  The  maximum  hours  of  work  consistent  with  the 
health  and  welfare  of  women  and  minors  engaged  in  any 
occupation,  trade  or  industry  in  this  state ;  provided,  that 
the  hours  so  fixed  shall  not  be  more  than  the  maximum 
now  or  hereafter  fixed  by  law. 

3.  The  standard  conditions  of  labor  demanded  by  the 
health  and  welfare  of  the  women  and  minors  engaged  in 
any  occupation,  trade  or  industry  in  this  state. 

(h)  Upon  the  fixing  of  the  time  and  place  for  the 
holding  of  a  hearing  for  the  purpose  of  considering  and 
acting  upon  any  matters  referred  to  it  in  subsection  (a) 
hereof,  the  commission  shall  give  public  notice  by  adver- 
tisement in  at  least  one  newspaper  published  in  each  of 
the  cities  of  Los  Angeles,  Oakland,  and  Sacramento,  and 
in  the  city  and  county  of  San  Francisco,  and  shall  give 
due  notice  in  at  least  one  newspaper  published  in  each 
of  the  cities  of  Fresno,  Eureka,  San  Diego,  Long  Beach, 
Alameda,  Berkeley  and  Stockton,  and  by  mailing  a  copy 
of  said  notjee  to  the  county  recorder  of  each  county  in 
the  state  to  be  posted  at  the  court  house  of  each  county, 
or  city  and  county,  and  to  each  association  of  employers 
or  employees  of  fifteen  or  more  members  within  the  State 
of  California  which  shall  file  with  the  commission  a  writ- 
ten request  for  such  notice  of  such  hearing  and  purpose 
thereof ;  which  notice  shall  state  the  time  and  place  fixed 
for  such  hearing,  which  shall  not  be  earlier  than  fourteen 
days  from  the  date  of  publication  and  mailing  of  such 
notices. 

(c)  After  such  public  hearing,  the  commission  may, 
in  its  discretion,  make  a  mandatory  order  to  be  effective 
in  sixty  days  from  the  making  of  such  order,  specifying 
the  minimum  wage  for  women  or  minors  in  the  occupa- 
tion in  question,  the  maximum  hours ;  provided,  that  the 


199 

hours  specified  shall  not  be  more  than  the  maximum  for 
women  or  minors  in  California,  and  the  standard  condi- 
tions of  labor  for  said  women  or  minors ;  provided,  how- 
ever, that  no  such  order  shall  become  effective  until  after 
April  1,  1914.  Such  order  shall  be  published  in  at  least^ 
one  newspaper  in  each  of  the  cities  of  Los  Angeles  and 
Sacramento  and  in  the  city  and  county  of  San  Francisco, 
and  a  copy  thereof  be  mailed  to  the  county  recorder  of 
each  county  in  the  state,  and  such  copy  shall  be  filed  with- 
out  charge.  The  industrial  welfare  commission  shall 
send  by  mail,  so  far  as  practicable,  to  each  employer  in 
the  occupation  in  question,  a  copy  of  the  order,  and  each 
employer  shall  be  required  to  post  a  copy  of  such  order 
in  the  building  in  which  women  or  minors  affected  by 
the  order  are  employed.  Failure  to  mail  notice  to  the 
employer  shall  not  relieve  the  employer  from  the  duty  to 
comply  with  such  order.  Finding  by  the  commission  that 
there  has  been  such  publication  and  mailing  to  county 
recorders  shall  be  conclusive  as  to  service. 

Sec.  7. — Whenever  wages,  or  hours,  or  conditions  of 
labor  have  been  so  made  mandatory  in  any  occupation, 
trade,  or  industry,  the  commission  may  at  any  time  in 
its  discretion,  upon  its  own  motion  or  upon  petition  of 
either  employers  or  employees,  after  a  public  hearing 
held  upon  the  notice  prescribed  for  an  original  hearing, 
rescind,  alter  or  amend  any  prior  order.  Any  order 
rescinding  a  prior  order  shall  have  the  same  effect  as 
herein  provided  for  in  an  original  order. 

Sec.  8.— [As  amended.  Acts  1915,  Ch,  571.]  (a)  For 
any  occupation  in  which  a  minimum  wage  has  been  estab- 
lished, the  commission  may  issue  to  a  woman  physically 
defective  by  age  or  otherwise,  a  special  license  authoriz- 
ing the  employment  of  such  licensee,  for  a  period  of  six 
months,  for  a  wage  less  than  such  legal  minimum  wage ; 
and  the  commission  shall  fix  a  special  minimum  wage  for 
such  person.  Any  such  license  may  be  renewed  for  like 
periods  of  six  months. 

(b)  For  any  occupation  in  which  a  minimum  wage 
has  been  established,  the  commission  may  issue  to  an  ap- 


200 

prentice  or  learner,  a  special  license  authorizing  the  em- 
ployment of  such  apprentice  or  learner,  for  such  time  and 
under  such  conditions  as  the  commission  may  determine 
at  a  wage  less  than  such  legal  minimum  wage;  and  the 
commission  shall  fix  a  special  wage  for  such  apprentice 
or  learner. 

(c)  The  commission  may  fix  the  maximum  number  of 
women,  and  minors  under  eighteen  years  of  age,  to  be 
employed  under  the  licenses  provided  for  in  subdivisions 
(a)  and  (h)  of  this  section  in  any  occupation,  trade,  in- 
dustry or  establishment  in  which  a  minimum  wage  has 
been  established. 

Sec.  9. — Upon  the  request  of  the  commission,  the  la- 
bor commissioner  shall  cause  such  statistics  and  other 
data  and  information  to  be  gathered,  and  investigations 
made,  as  the  commission  may  require.  The  cost  thereof 
shall  be  paid  out  of  the  appropriations  made  for  the  ex- 
penses of  the  commission. 

Sec.  10. — Any  employer  who  discharges,  or  threatens 
to  discharge,  or  in  any  other  manner  discriminates 
against  any  employee  because  such  employee  has  testified 
or  is  about  to  testify,  or  because  such  employer  believes 
that  said  employee  may  testify  in  any  investigation  or 
proceedings  relative  to  the  enforcement  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor. 

Sec.  11a. — [As  amended,  Acts  1915,  Ch.  571.]  The 
minimum  wage  for  women  and  minors  fixed  by  said  com- 
mission as  in  this  act  provided,  shall  be  the  minimum 
wage  to  be  paid  to  such  employees,  and  the  payment  to 
such  employees  of  a  less  wage  than  the  minimum  so  fiixed 
shall  be  unlawful,  and  every  employer  or  other  person 
who,  either  individually  or  as  an  officer,  agent,  or  em- 
ployee of  a  corporation  or  other  person,  pays  or  causes 
to^  be  paid  to  any  such  employee  a  wage  less  than  such 
minimum,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars,  or  by  imprisonment  for  not  less  than 
thirty  days,  or  by  both  such  fine  and  imprisonment ;  and 


201 

every  employer  or  other  person  who,  either  individually 
or  as  an  officer,  agent  or  employee  of  a  corporation,  or 
other  persons,  violates  or  refuses  or  neglects  to  comply 
with  the  provisions  of  this  act,  or  any  orders  or  rulings 
of  this  commission,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  be  punished  by  a  fine  of  not  less 
than  fifty  dollars,  or  by  imprisonment  for  not  less  than 
thirty  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  lib,— [Amendment,  Acts,  1919,  Ch,  204.]  It  shall 
be  the  duty  of  the  industrial  welfare  commission  to  en- 
force the  provisions  of  this  act  and  compliance  with  its 
orders,  rules  and  regulations.  Full  power  and  authority 
is  hereby  vested  in  the  commission  to  take  such  action  as 
may  be  deemed  essential  for  such  purposes. 

Sec.  12. — [As  amended,  Acts  1915,  Ch.  571.]  In  every 
prosecution  for  violation  of  any  provision  of  this  act, 
the  minimum  wage,  the  maximum  hours  of  work  and  the 
standard  conditions  of  labor  fixed  by  the  commission  as 
herein  provided,  shall  be  prima  facie  presumed  to  be  rea- 
sonable and  lawful,  and  to  be  the  living  wage,  the  max- 
imum hours  of  work  and  standard  conditions  of  labor  re- 
quired herein.  The  findings  of  fact  made  by  the  commis- 
sion acting  within  its  powers  shall,  in  the  absence  of 
fraud,  be  conclusive ;  and  the  determination  made  by  the 
commission  shall  be  subject  to  review  only  in  a  manner 
and  upon  the  grounds  following :  within  twenty  days  from 
the  date  of  the  determination,  any  party  aggrieved  there- 
by may  commence  in  the  superior  court  in  and  for  the  city 
and  county  of  San  Francisco,  or  in  and  for  the  counties 
of  Los  Angeles  or  Sacramento,  an  action  against  the  com- 
mission for  review  of  such  determination.  In  such  action 
a  complaint,  which  shall  state  the  grounds  upon  which  a 
review  is  sought,  shall  be  served  with  the  summons. 
Service  upon  the  secretary  of  the  commission,  or  any 
member  of  the  commission,  shall  be  deemed  a  complete 
service.  The  commission  shall  serve  its  answer  within 
twenty  days  after  the  service  of  the  complaint.  With 
its  answer,  the  conunission  shall  make  a  return  to  the 
court  of  all  documents  and  papers  on  file  in  the  matter. 


202 

and  of  all  testimony  and  evidence  which  may  have  been 
taken  before  it,  and  of  its  findings  and  the  determination. 
The  action  may  thereupon  be  brought  on  for  hearing  be- 
fore the  court  upon  such  record  by  either  party  on  ten 
days'  notice  of  the  other.  Upon  such  hearing,  the  court 
may  confirm  or  set  aside  such  determination;  but  thb 
same  shall  be  set  aside  only  upon  the  following  grounds : 

(1)  That  the  commission  acted  without  or  in  excess 
of  its  powers. 

(2)  That  the  determination  was  procured  by  fraud. 

Upon  the  setting  aside  of  any  determination  the  court 
may  recommit  the  controversy  and  remand  the  record 
in  the  case  to  the  commission  for  further  proceedings. 
The  commission,  or  any  party  aggrieved,  by  a  decree  en- 
tered upon  the  review  of  a  determination,  may  appeal 
therefrom  within  the  time  and  in  the  manner  provided 
for  an  appeal  from  the  orders  of  the  said  superior  court. 

Sec.  13. — ^Any  employee  receiving  less  than  the  legal 
minimum  wage  applicable  to  such  employee  shall  be  en- 
titled to  recover  in  a  civil  action  the  unpaid  balance  of 
the  full  amount  of  such  minimum  wage,  together  with 
costs  of  suit,  notwithstanding  any  agreement  to  work  for 
such  lesser  wage. 

Sec.  14,' — ^Any  person  may  register  with  the  commis- 
sion a  complaint  that  the  wages  paid  to  an  employee  for 
whom  a  living  rate  has  been  established,  are  less  than 
that  rate,  and  the  commission  shall  investigate  the  mat- 
ter and  take  all  proceedings  necessary  to  enforce  the 
payment  of  a  Wage  not  less  than  the  living  wage. 

Sec.  15. — The  commission  shall  biennially  make  a  re- 
port to  the  governor  and  the  state  legislature  of  its  in- 
vestigations and  proceedings. 

Sec.  16. — There  is  hereby  appropriated  annually  out 
of  the  moneys  of  the  state  treasury,  not  otherwise  appro- 
priated, the  sum  of  fifteen  thousand  dollars,  to  be  used 
by  the  commission  in  carrying  out  the  provisions  of  this 
act,  and  the  controller  is  hereby  directed  from  time  to 


203 

time  to  draw  his  warrants  on  the  general  fund  in  favor 
of  the  commission  for  the  amounts  expended  under  its 
direction,  and  the  treasurer  is  hereby  authorized  and  di- 
rected to  pay  the  same.  _ 

Sec.  17. — The  commission  shall  not  act  as  a  board  of 
arbitration  during  a  strike  or  lock-out. 

Sec.  18. — (a)  Whenever  this  act,  or  any  part  or  sec- 
tion thereof,  is  interpreted  by  a  court,  it  shall  be  liberally 
construed  by  such  court. 

(h)  If  any  section,  subsection,  or  subdivision  of  this 
act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  por- 
tions of  this  act.  The  legislature  hereby  declares  that  it 
would  have  passed  this  act,  and  each  section,  subsection, 
subdivision,  sentence,  clause  and  phrase  thereof,  irre- 
spective of  the  fact  that  any  one  or  more  sections,  sub- 
sections, subdivisions,  sentences,  clauses  or  phrases  is 
declared  unconstitutional. 

Sec.  19. — The  provisions  of  this  act  shall  apply  to 
and  include  women  and  minors  employed  in  any  occupa- 
tion, trade  or  industry,  and  whose  compensation  for  labor 
is  measured  by  time,  piece  or  otherwise. 

[Approved  May  26,  1913.] 


204 

Colorado. 

First  enacted  in  1913.     (Chapter  110.)     Superseded  in 
1917.     (Chapter  98.) 

An  Act  for  the  determination  of  minimum  wages  and 
proper  conditions  of  labor  for  women  and  minors. 

Be  it  enacted  hy  the  General  Assembly  of  the  State 
of  Colorado: 

Section  1. — The  welfare  of  the  State  of  Colorado 
demands  that  women  and  minors  be  protected  from  con- 
ditions of  labor  which  have  a  pernicious  effect  on  their 
health  and  morals,  and  it  is  therefore  hereby  declared, 
in  the  exercise  of  the  police  and  sovereign  power  of  the 
State  of  Colorado,  that  inadequate  wages  and  unsani- 
tary conditions  of  labor  exert  such  pernicious  effect. 

Sec.  2. — The  Industrial  Commission  of  Colorado  is 
hereby  made  and  constituted  a  Minimum  Wage  Commis- 
sion for  this  iState,  and  the  word  *' Commission*'  as  here- 
inafter used  refers  to  and  means  said  Industrial  Com- 
mission of  Colorado,  and  the  word  ** Commissioner'*  as 
hereinafter  used  refers  to  and  means  a  member  of  said 
Commission.  The  act  and  decision  of  a  majority  of  said 
Commission  or  any  deputy  when  duly  authorized  by  the 
Commission,,  shall  be  deemed  the  act  or  decision  of  said 
Commission,  and  no  vacancy  shall  impair  the  right  of 
the  remaining  Commissioners  to  exercise  all  the  powers 
of  said  Commission. 

Sec.  3. — The  Commission  may  appoint  a  Secretary, 
who  shall  devote  his  entire  time  to  the  duties  of  the 
office,  and  shall  receive  a  salary  of  $1,800.00  per  annum, 
payable  monthly.  The  Commission  may  employ  and  ^ 
the  compensation  of  such  deputies,  expert,  clerical  and 
other  assistants  as  may  be  necessary  to  carry  out  the 
purpose  of  this  act,  and  may  include  among  its  expenses 
the  traveling  expenses  of  the  members  of  the  Commis- 
sion and  its  employes.  All  employes  shall  hold  office  at 
the  pleasure  of  the  Commission.    The  Commission  may 


205 

incur  other  expenses  not  exceeding  the  annual  appropri- 
ations therefor,  and  shall  be  provided  with  a  suitable 
office  in  the  State  Capitol. 

Sec.  4. — It  shall  be  unlawful  to  employ  women  in  any 
occupation  within  the  State  of  Colorado  for  wages  which 
are  inadequate  to  supply  the  necessary  cost  of  living, 
and  to  maintain  in  health  the  women  so  employed;  and 
it  shall  be  unlawful  to  employ  minors  in  any  occupa- 
tion within  the  State  of  Colorado  for  unreasonably  low 
wages;  and  it  shall  be  unlawful  to  employ  women  or 
minors  in  any  occupation  within  this  State  under  condi- 
tions of  labor  detrimental  to  their  health  or  morals. 

Sec.  5.— It  shall  be  the  duty  of  the  Commission  to 
inquire  into  the  wages  paid  to  women  employes  above  the 
age  of  eighteen  (18)  years,  and  minor  employes  under 
eighteen  (18)  years  of  age;  also  into  the  condition  of 
labor  surrounding  said  employes,  in  any  occupation  in 
this  State,  if  the  Commission  has  reason  to  believe  that 
said  conditions  of  labor  are  detrimental  to  the  health  or 
morals  of  said  employes,  or  that  the  wages  paid  to  a 
substantial  number  of  employes  are  inadequate  to  sup- 
ply the  necessary  cost  of  living  and  to  maintain  such 
employes  in  health.  The  word  ** minor,''  as  used  in  this 
act,  refers  to  and  means  any  person  of  either  sex  under 
the  age  of  eighteen  (18)  years;  and  the  word  ^Voman'' 
as  used  in  this  act  refers  to  and  means  a  female  person 
©f  or  over  the  age  of  eighteen  (18)  years.  At  the  request 
of  not  less  than  twenty-five  (25)  persons  engaged  in  any 
occupation  in  which  women  or  minors  are  employed,  the 
Commission  shall  forthwith  make  such  investigation  as 
is  herein  provided.  The  Commission  may,  at  any  time, 
make  such  investigation  upon  its  own  initiative. 

Sec.  6. — The  Commission  is  hereby  authorized  and 
empowered  to  ascertain  and  determine,  and  shall  ascer- 
tain and  determine,  the  minimum  wages  sufficient  for  liv- 
ing wages  for  women  and  minors  of  ordinary  ability, 
including  minimum  wages  sufficient  for  living  wages, 
whether  paid  according  to  time  rate  or  piece  rate;  also 


206 

the  minimum  wages  sufficient  for  living  wages  for 
learners  and  apprentices;  also  standards  of  conditions 
of  labor  and  hours  of  employment  not  detrimental  to 
health  or  morals  for  women  and  for  minors,  and  what 
are  unreasonably  long  hours  for  woinen  and  minors,  and 
what  are  unreasonably  low  wages  for  minors,  in  any 
occupation  in  this  State. 

Sec.  7. — The  Commission  shall,  for  the  purposes  of 
this  act,  have  full  power  and  authority  to  investigate  and 
ascertain  the  conditions  of  labor  surrounding  said 
women  and  minors,  also  the  wages  of  women  and  minors 
in  the  different  occupations  in  which  they  are  employed, 
whether  paid  by  time  rate  or  piece  rate,  in  the  State  of 
Colorado.  The  word  "occupation''  as  used  in  this  act 
shall  be  so  construed  as  to  include  any  and  every  voca- 
tion, trade,  pursuit  and  industry.  The  Commission  shall 
have  full  power  and  authority  as  a  Commission,  or 
through  any  authorized  representative  or  any  Commis- 
sioner, to  inspect  and  examine  and  make  excerpts  from 
any  and  all  books,  reports,  contracts,  pay  rolls,  docu- 
ments, papers  and  other  records  of  any  employer  of 
women  or  minors,  that  in  any  way  appertain  to  or  have 
bearing  upon  the  question  of  wages  of  any  such  women 
workers  or  minor  workers  in  any  of  said  occupations, 
and  to  require  from  any  such  employer  full  and  true 
statements  of  the  wages  paid  to  all  women  and  minors 
by  any  employer.  Every  employer  of  women  and  minors 
shall  keep  a  register  of  the  names,  ages,  dates  of  employ- 
ment and  residence  addresses  of  all  women  and  minors 
employed,  and  it  shall  be  the  duty  of  every  such  em- 
ployer, whether  a  person,  firm,  or  corporation,  to  fur- 
nish to  the  Commission,  at  its  request,  any  and  all  re- 
ports or  information  which  the  Commission  may  require 
to  carry  out  the  purposes  of  this  act,  such  reports  and 
information  to  be  verified  by  the  oath  of  the  person  or 
a  member  of  the  firm,  or  the  president,  secretary  or  man- 
ager of  the  corporation  furnishing  the  same,  if  and  when 
so  requested  by  the  Commission  or  any  member  thereof; 
also  to  allow  the  Commission,  any  authorized  representa- 


207 

tive,  or  any  Commissioner,  free  access  to  the  place  of 
business  of  such,  employer  for  the  purpose  of  making 
any  investigation  authorized  by  this  act. 

Sec.  8. — The  Commission  may  hold  public  hearings 
at  such  times  and  places  as  it  deems  proper  for  the  pur- 
pose of  investigating  any  of  the  matters  it  is  authorized 
to  investigate  by  this  act,  at  which  hearings  employers, 
employes  or  other  interested  persons  may  appear  and 
give  testimony  as  to  the  matter  under  consideration. 
The  Commission,  or  any  member  thereof,  shall  have 
power  to  subpoena  and  compel  the  attendance  of  any 
witnesses  and  to  administer  oaths;  also,  by  subpoena, 
to  compel  the  production  of  any  books,  papers  or  other 
evidence  at  any  public  hearing  of  the  Commission  or  at 
any  session  of  any  wage  board  called  and  held,  as  here- 
inafter provided.  All  witnesses  subpoenaed  by  said 
Commission  shall  be  paid  the  same  mileage  and  per  diem 
as  are  allowed  by  law  to  witnesses  in  civil  cases  before 
the  District  Court  of  the  iState  of  Colorado. 

If  any  person  shall  fail  to  attend  as  a  witness,  or  to 
bring  with  him  any  books,  papers  or  other  evidence  when 
subpoenaed  by  the  Commission,  or  shall  refuse  to  testify 
when  ordered  so  to  do,  the  Commission  may  apply  to 
any  District  Court  or  County  Court  in  this  State  to  com- 
pel obedience  on  the  part  of  such  person,  and  such  Dis- 
trict Court  or  County  Court  shall  thereupon  compel 
obedience  by  proceedings  for  contempt,  as  in  cases  of 
disobedience  of  any  order  of  said  Court  in  a  proceeding 
pending  before  said  Court.  The  Commission  shall  have 
power  to  make  and  enforce  reasonable  and  proper  rules 
and  procedure  and  shall  not  be  bound  by  the  technical 
rules  of  evidence.  Said  Commission  may  hold  meetings 
for  the  transaction  of  any  of  its  business  at  such  times 
and  places  as  it  may  prescribe. 

Sec.  9. — If,  after  investigation,  the  Commission  is 
of  the  opinion  that  the  conditions  of  employment  sur- 
rounding said  employes  are  detrimental  to  the  health  or 
morals,  or  that  a  substantial  number  of  women  workers 
in  any  occupation  are  receiving  wages,  whether  by  time 


208 

rate  or  piece  rate,  inadequate  to  supply  the  necessary 
costs  of  living  and  to  maintain  such  workers  in  health, 
the  Commission  shall  proceed  to  establish  minimum 
wage  rates,  either  directly  or  by  the  indirect  method 
hereinafter  described.  If  it  selects  the  direct  method, 
the  Commission  shall  establish  the  minimum  wage  rates. 
If  it  adopts  the  indirect  method,  the  Commission  shall 
establish  a  wage  board,  consisting  of  not  more  than 
three  (3)  representatives  of  employers  in  the  occupa- 
tion in  question,  and  of  an  equal  number  of  persons  to 
represent  the  female  employes  in  said  occupation,  and 
of  an  equal  number  of  disinterested  persons  to  repre- 
sent the  public,  and  some  one  representing  the  Commis- 
sion, if  it  so  desires.  The  Commission  shall  name  and 
appoint  all  members  of  such  wage  board  and  designate 
the  chairman  thereof;  provided,  however,  that  the  selec- 
tion of  members  representing  employers  and  employes 
shall  be,  so  far  as  practicable,  through  election  by  em- 
ployers and  employes  respectively,  subject  to  approval 
and  selection  by  the  Commission,  as  aforesaid.  At  least 
one  representative  of  the  employers,  at  least  one  repre- 
sentative of  the  employes,  and  at  least  one  representa- 
tive of  the  public  shall  be  a  woman.  The  members  of 
the  wage  board  shall  be  compensated  at  the  same  rate 
and  fees  for  service  as  jurors  in  counties  of  the  second 
class,  and  th.ey  shall  be  allowed  their  necessary  travel- 
ing and  clerical  expenses  incurred  in  the  actual  perform- 
ance of  their  duties,  these  payments  to  be  made  from 
the  appropriations  for  the  expenses  of  the  Commission. 
The  proceedings  and  deliberations  of  such  wage  board 
shall  be  made  a  matter  of  record,  for  the  use  of  the 
Commission,  and  shall  be  admissible  as  evidence  in  any 
proceedings  before  the  Commission.  Each  wage  board 
shall  have  the  same  power  as  the  Commission  to  sub- 
poena witnesses,  administer  oaths  and  compel  the  pro- 
duction of  books,  papers  and  other  evidence.  Witnesses 
subpoenaed  by  a  wage  board  shall  be  allowed  the  same 
compensation  as  when  subpoenaed  by  the  Commission. 

Sec.    10. — 'The    Commission   may   transmit   to    each 


209 

wage  board  all  pertinent  information  in  its  possession 
relative  to  the  wages  paid  or  material  to  the  subject 
of  inquiry  in  the  occupation  in  question.  Each  wage 
board  shall  endeavor  to  determine,  if  requested  so  to 
do  by  the  Commission,  the  standard  conditions  of  em-- 
ployment ;  also  the  minimum  wage,  whether  by  time  rate 
or  piece  rate,  adequate  to  maintain  in  health  and  to  sup- 
ply with  the  necessary  cost  of  living,  a  female  employe 
of  ordinary  ability  in  the  occupation  in  question,  or  in 
any  branches  thereof;  also  suitable  minimum  wages 
(graded,  so  far  as  practicable,  on  a  rising  scale  toward 
the  minimum  allowed  experienced  workers)  for  learn- 
ers and  apprentices;  also  suitable  minimum  wages  for 
minors  below  the  age  of  eighteen  (18)  years.  When  a 
majority  of  the  members  of  a  wage  board  shall  agree 
upon  standard  conditions  of  employment  or  minimum 
wage  board  determinations,  they  shall  report  such  deter- 
minations to  the  Commission,  together  with  the  reasons 
therefor  and  the  facts  relating  thereto.  A  majority  of 
the  members  of  any  such  wage  board  shall  constitute  a 
quorum. 

Sec.  11. — Upon  receipt  of  a  report  from  a  wage 
board,  the  Commission  shall  review  the  same  and  may 
approve  or  disapprove  any  or  all  the  determinations,  or 
may  re-commit  the  subject  to  the  same  or  a  new  wage 
board.  If  the  Commission  approves  any  or  all  of  the 
determinations  of  the  wage  board,  said  Commission 
shall  publish  notice  not  less  than  once  a  week  for  two 
(2)  successive  weeks  in  a  newspaper  of  general  circu- 
lation published  in  the  county  or  counties  in  which  any 
business  directly  affected  thereby  is  located,  that  it  will, 
on  a  date  and  a  place  named  in  said  notice,  hold  a  pub- 
lic meeting,  at  which  all  persons  in  favor  of  or  opposed 
to  said  recommendations  will  be  given  a  hearing;  and 
after  said  publication  of  said  notice  and  said  meeting, 
said  Commission  may,  in  its  discretion,  make  and  render 
such  an  order  as  may  be  proper  or  necessary  to  adopt 
such  recommendations  and  carry  the  same  into  effect 
and  require  all  employes  in  the  occupation  directly 
affected   thereby   to   preserve    and   comply   with    such 


2i0 

recommendations  and  said  order.  Said  order  shall  be- 
come effective  in  thirty  (30)  days  after  it  is  made  and 
rendered  and  shall  be  in  full  force  and  effect  on  and 
after  the  thirtieth  (30th)  day  following  its  making  and 
rendition.  After  said  order  becomes  effective,  and  while 
it  is  effective,  it  shall  be  unlawful  for  any  employer  to 
violate  or  disregard  any  of  the  terms  or  provisions  of 
said  order,  or  to  employ  any  woman  worker  in  any  occu- 
pation covered  by  said  order  at  lower  wages  or  under 
other  conditions  than  are  authorized  or  permitted  by 
said  order. 

Said  Commission  shall,  as  far  as  practicable,  mail  a 
copy  of  any  such  order  to  every  employer  affected  there- 
by; and  every  employer  affected  by  any  such  order  shall 
keep  a  copy  thereof  posted  in  a  conspicuous  place  in 
each  room  in  his  establishment  in  which  women  workers 
work.  No  such  order  of  said  Commission  shall  author- 
ize or  permit  the  employment  of  any  woman  or  minor 
for  more  hours  per  day  or  per  week  than  the  maximum 
now  fixed  by  law;  provided,  however,  that  in  case  of 
emergencies  which  may  arise  in  the  conduct  of  any  in- 
dustry or  occupation,  overtime  may  be  permitted  under 
conditions  and  rules,  and  for  increased  minimum  wages, 
which  the  Commission,  after  investigation,  shall  deter- 
mine and  prescribe  by  order,  and  which  shall  apply 
equally  to  all  employers  in  such  industry  or  occupation. 

Sec.  12. — Whenever  a  minimum  wage  rate,  or  a  new 
standard  of  conditions  of  employment  established  in  any 
occupation,  has  been  established  in  any  occupation,  the 
Commission  may,  if  it  deems  proper  or  necessary  so  to 
do,  upon  petition  of  either  employers  or  employes,  re- 
convene the  wage  board  or  establish  a  new  wage  board, 
and  any  recommendation  made  by  such  board  shall  be 
dealt  with  in  the  same  manner  as  the  original  recom- 
mendation of  a  wage  board;  provided,  however,  that, 
pending  any  new  determination,  any  minimum  wage  rate 
and  any  new  standard  of  conditions  of  employment 
theretofore  established  shall  be  and  continue  in  force  and 
effect. 


211 

Sec.  13. — For  any  occupation  in  wMch  a  time  rate 
only  has  been  established,  the  Commission  may  issue  to 
any  woman  physically  defective  or  crippled  by  age  or 
otherwise,  or  less  efficient  than  woman  workers  of  ordi- 
nary ability,  a  special  license  authorizing  the  employ- 
ment of  the  licensee  at  such  wage  less  than  said  legal 
minimum  wage  as  shall  be  provided  by  said  Commission 
and  stated  in  said  license ;  provided,  that  the  number  of 
such  persons  so  specially  licensed  shall  not  exceed  one- 
tenth  of  the  whole  number  of  workers  in  any  establish- 
ment. 

Sec.  14. — The  Commission  may  at  any  time  inquire 
into  the  wages  paid  to  minors  and  the  conditions  of  their 
employment  in  any  occupation,  and  may,  after  public 
hearings,  determine  minimum  wages  and  working  con- 
ditions suitable  for  such  minors.  When  the  Commission 
has  made  such  a  determination,  it  may  proceed  in  the 
same  manner  as  if  the  determination  had  been  recom- 
mended to  the  Commission  by  a  wage  board. 

Sec.  15. — ^Any  employer  who  discharges  or  threatens 
to  discharge,  or  in  any  other  way  discriminates  against 
an  employe  because  such  employe  serves  upon  a  wage 
board,  or  is  active  in  its  formation,  or  has  testified  or 
is  about  to  testify,  or  because  the  employer  believes  that 
said  employe  may  testify  in  any  investigation  or  pro- 
ceeding relative  to  enforcement  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  two 
hundred  ($200.00)  dollars,  nor  more  than  one  thousand 
($1,000.00)  dollars  for  each  such  misdemeanor.  The 
Commission  shall,  from  time  to  time,  investigate  and 
report  to  the  proper  prosecuting  official  whether  em- 
ployers in  each  occupation  investigated  are  obeying  its 
decrees,  and  members  and  employes  of  the  Commission 
may  cause  informations  to  be  filed  with,  and  prosecutions 
to  be  instituted  by,  the  proper  prosecuting  officials  for 
any  violation  of  any  of  the  provisions  of  this  act. 

Sec.  16. — The  minimum  wages  for  women  and  minors 


212 

fixed  by  the  Commission,  as  in  this  act  provided,  shall 
be  the  minimum  wages  to  be  paid  to  such  employes,  and 
the  payment  to  such  employes  of  a  less  wage  than  the 
minimum  so  fixed  shall  be  unlawful,  and  every  employer 
or  other  person  who,  individually  or  as  an  officer,  agent, 
or  employe  of  a  corporation,  or  other  person,  pays  or 
causes  to  be  paid  to  any  such  employe  a  wage  less  than 
such  minimum,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  ($100.00)  dollars,  or  by 
imprisonment  for  not  less  than  thirty  days,  or  by  both 
such  fine  and  imprisonment. 

Sec.  17. — In  every  prosecution  for  the  violation  of 
any  provision  of  this  act,  the  minimum  wage  established 
by  the  Commission,  as  herein  provided,  shall  be  prima 
facie  presumed  to  be  reasonable  and  lawful  and  to  be 
the  wage  required  herein  to  be  paid  to  women  and 
minors.  The  findings  of  fact  made  by  the  Commission 
acting  within  its  powers  shall,  in  the  absence  of  fraud, 
be  conclusive,  and  the  determination  made  by  the  Com- 
mission shall  be  subject  to  review  only  in  the  manner 
hereinbefore  prescribed. 

iSec.  18. — ^An  employe  receiving  less  than  the  legal 
minimum  wage  applicable  to  such  employe  shall  be 
entitled  to  recover  in  a  civil  action  the  unpaid  balance  of 
the  full  amount  of  such  minimum  wage,  together  with 
costs  of  suit,  notwithstanding  any  agreement  to  work 
for  such  lesser  wage. 

Sec.  19. — ^Any  person  may  register  with  the  Commis- 
sion complaint  that  the  wages  paid  to  an  employe  for 
whom  a  rate  has  been  established  are  less  than  that  rate, 
and  the  Commission  shall  investigate  the  matter  and 
take  all  proceedings  necessary  to  enforce  the  payment 
of  a  wage  not  less  than  accords  with  such  rate. 

Sec.  20. — The  Commission  shall,  on  or  before  the  first 
day  of  January  of  the  year  1919,  and  biennially  there- 
after, make  a  succinct  report  to  the  Grovernor  and  the 
General  Assembly  of  its  works  and  any  proceedings 
under  this  act  during  the  preceding  two  years. 


213 

Sec.  21. — There  is  hereby  appropriated  out  of  any 
moneys  in  the  State  Treasury  not  otherwise  appropri- 
ated, the  sum  of  three  thousand  ($3,000.00)  dollars  to 
carry  into  effect  the  provisions  of  this  act  and  to  pay 
the  expenses  and  expenditures  authorized  by  or  incurred 
under  this  act  for  the  years  1917  and  1918.  The  expen- 
ditures authorized  shall  be  payable  at  the  end  of  each 
month,  upon  certificate  made  by  the  Commission  to  the 
Auditor  of  State,  who  shall  draw  his  warrant  upon  the 
State  Treasurer;  and  the  Auditor  of  State  is  hereby 
authorized  and  directed  to  draw  said  warrants,  as  afore- 
said, upon  receipt  of  certified  vouchers  of  the  chairman 
of  said  Commission,  attested  by  the  Secretary. 

Sec.  22. — ^Whenever  this  act  or  any  part  thereof  is 
interpreted  by  any  court,  it  shall  be  liberally  construed 
by  such  court. 

Sec.  23. — If  any  part,  section,  sub-section,  sentence, 
clause  or  phrase  of  this  act  is  for  any  reason  declared 
unconstitutional,  such  decision  shall  not  affect  the  val- 
idity of  the  remaining  portions  of  this  act.  The  General 
Assembly  hereby  declares  that  it  would  have  passed 
this  act,  and  each  part,  section,  sub-section,  sentence, 
clause  and  phrase,  irrespective  of  the  fact  that  any  one 
or  more  other  parts,  sections,  sub-sections,  clauses, 
phrases,  word  or  words,  be  declared  unconstitutional. 

Sec.  24.—Chapter  110  of  the  Session  Laws  of  1913, 
entitled  *^ Minimum  wage  for  women  and  minors,*'  and 
all  acts  and  parts  in  conflict  with  any  of  the  provisions 
of  this  act  are  hereby  repealed. 

Sec.  25. — It  is  hereby  declared  that  this  act  is  neces- 
sary for  the  immediate  preservation  of  the  public  peace, 
health  and  safety. 

Sec.  26. — In  the  opinion  of  the  General  Assembly  an 
emergency  exists ;  therefore,  this  act  shall  take  effect  and 
be  in  force  immediately  after  its  passage. 

[Approved  April  20,  1917.] 


214 
Kansas. 

Enacted  in  1915.    (Chapter  275.) 

An  Act  to  establish  an  industrial  welfare  commission 
for  women,  learners  and  apprentices,  and  minors, 
prescribing  its  powers  and  duties  and  providing 
for  the  fixing  of  wages,  hours,  and  the  standard 
conditions  of  labor  for  such  workers;  providing 
penalties  for  violations  of  the  same. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Kansas: 

Section  1. — That  the  State  of  Kansas  exercising 
herewith  its  police  and  sovereign  powers  declares  that 
inadequate  wages,  long  continued  hours  and  unsanitary 
conditions  of  labor,  exercise  a  pernicious  effect  on  the 
health  and  welfare  of  women,  learners  and  apprentices, 
and  minors. 

Sec.  2. — ^That  it  shall  be  unlawful  to  employ  women, 
learners,  and  apprentices  and  minors  in  any  industry 
or  occupation  within  the  State  of  Kansas  under  condi- 
tions of  labor  detrimental  to  their  health  or  welfare  and 
it  shall  be  unlawful  to  employ  women,  learners,  and  ap- 
prentices and  minors  in  any  industry  within  the  State  of 
Kansas  at  wages  which  are  not  adequate  for  their  main- 
tenance and  for  more  hours  in  any  one  day  than  is  con- 
sonant with  their  health  and  welfare,  except  as  herein- 
after provided. 

Sec.  3. — That  there  is  hereby  created  a  commission 
to  be  known  as  the  Industrial  Welfare  Commission  for 
the  State  of  Kansas  to  establish  such  standard  of  wages, 
hours,  and  conditions  of  labor  for  women,  learners  and 
apprentices,  and  minors  employed  within  this  state  as 
shall  be  held  hereunder  to  be  reasonable  and  not  detri- 
mental to  health  and  welfare.  This  commission  shall 
consist  of  the  commissioner  of  labor  and  two  others 
appointed  by  the  governor.  No  two  of  whom  shall  be 
from  any  one  congressional  district.  At  least  one  mem- 
ber of  this  commission  shall  be  a  woman.    The  first  ap- 


215 

pointment  shall  be  made  within  sixty  days  after  the 
passage  of  this  act.  One  member  shall  be  appointed  to 
serve  until  January  1,  1917,  a  second  to  serve  until  Jan- 
uary 1,  1918.  Thereafter  each  member  shall  be  ap- 
pointed for  a  term  of  four  years  and  until  his  successor 
is  appointed  and  qualifies.  The  governor  shall  have 
the  power  of  removal  for  cause.  Any  vacancy  that  may 
occur  shall  be  filled  in  like  manner  for  the  unexpired 
portion  of  the  term.  The  commission  shall  have  power 
to  elect  its  own  chairman,  a  secretary,  and  such  other 
employes  as  it  may  require.  Two  members  of  the  com- 
mission shall  constitute  a  quorum  at  all  regular  meetings ; 
provided,  that  no  person  shall  be  appointed  on  such  com- 
mission, who  is  related  by  blood  or  marriage  to  the  com- 
missioner of  labor,  or  to  any  state  officer,  or  to  any 
member  of  any  other  state  board  or  commission.  And 
no  person  shall  be  appointed  to  any  place  or  position 
on  said  commission  or  be  employed  by  such  commission 
in  any  way,  who  is  related  by  blood  or  marriage  to  any 
member  thereof,  or  to  any  of  its  chief  officers  or  heads 
of  departments. 

SbsG.  4. — That  each  member  of  the  commission  shall 
be  paid  all  traveling  and  other  necessary  expenses  in- 
curred in  the  performance  of  his  or  her  official  duties, 
but  shall  serve  without  salary.  The  commission  may 
incur  other  necessary  expenses  not  exceeding  the  appro- 
priation therefor  and  shall  be  provided  with  an  office  in 
the  state  house. 

Sec.  5. — That  the  commission  may  at  its  discretion 
investigate  wages,  hours  and  sanitary  and  other  condi- 
tions affecting  women,  learners  and  apprentices  and 
minors  in  any  industry  or  occupation  in  the  state.  Upon 
the  request  of  not  less  than  twenty-five  persons  engaged 
in  any  occupation  in  which  women,  learners  and  appren- 
tices and  minors  are  employed,  it  shall  become  the  duty 
of  the  commission  to  make  such  investigation  as  is  here- 
in provided.  To  this  end,  said  commission  shall  have 
full  power  and  authority  to  call  for  statements  and  to 
either  through  its  members  or  other  author- 


216 

ized  representatives,  all  pay-rolls  or  other  wage  records 
of  all  persons,  firms  or  corporations  employing  women, 
learners  and  apprentices  and  minors  as  to  any  matter 
that  would  have  a  bearing  upon  the  question  of  wages, 
hours,  or  labor  conditions  of  such  employees. 

Sec.  6. — That  every  employer  of  women  or  of  learn- 
ers and  apprentices,  or  of  minors  shall  keep  a  register 
of  all  such  persons  employed  by  him  in  such  form  as 
the  commission  shall  prescribe ;  and  every  such  employer 
shall  on  request  permit  the  commission,  or  any  of  its 
members,  or  agents  to  inspect  such  register. 

Sec.  7. — That  the  commission  may  hold  public  hear- 
ings at  such  times  and  places  as  it  deems  fit  and  proper 
for  the  purpose  of  investigating  any  matters  it  is  author- 
ized to  investigate  by  this  act.  At  any  such  public  hear- 
ings, any  employee,  or  employer  or  other  interested  per- 
son may  appear  and  give  testimony  as  to  wages,  hours, 
sanitation  and  other  pertinent  conditions  of  the  occu- 
pation or  industry  under  investigation.  The  commis- 
sion or  any  member  thereof  shall  have  power  to  sub- 
poena witnesses,  to  administer  oaths,  to  compel  the  pro- 
duction of  all  wage  records,  papers,  and  other  evidence, 
and  to  make  findings  and  report  such  findings  to  the  com- 
mission; but  no  other  shall  be  made  by  less  than  a  major- 
ity of  the  commission.  Witnesses  subpoenaed  by  the 
commission  may  be  allowed  such  compensation  for  travel 
and  attendance  as  the  commission  may  deem  reasonable, 
to  an  amount  not  exceeding  the  usual  mileage  and  per 
diem  allowed  by  statute  to  witnesses  in  civil  cases  in 
the  district  court. 

Sec.  8. — That  if  after  investigation  the  commission 
is  of  the  opinion  that  in  any  occupation  the  wages,  hours 
and  conditions,  sanitary  and  otherwise,  are  prejudicial 
to  the  health  or  welfare  of  any  substantial  number  of 
the  classes  of  employees  named  in  this  act  and  are  inade- 
quate to  supply  the  necessary  cost  of  living  and  to  main- 
tain the  worker  in  health  it  shall  establish  a  wage-, 
hour-or  sanitary  board  as  the  conditions  developed  may 


217 

demand,  whicli  shall  hereinafter  be  described  as  the 
^  ^  board '^  consisting  of  not  less  than  three  representa- 
tives of  employers  in  the  occupation  in  question,  of  an 
equal  number  of  persons  to  represent  the  employees  in 
the  occupation  in  question,  and  of  one  or  more  disin- 
terested persons  appointed  by  the  commission  to  rep- 
resent the  public,  and  shall  make  rules  and  regulations 
governing  the  selection  of  members  and  the  modes  of 
procedure  of  the  board,  and  shall  exercise  exclusive 
jurisdiction  over  all  questions  arising  with  reference  to 
the  validity  of  the  procedure  and  of  the  determinations 
of  the  board.  The  members  of  the  board  shall  be  com- 
pensated at  the  same  rate  as  jurors  in  civil  cases  in  the 
district  court,  and  they  shall  be  allowed  the  necessary 
traveling  and  clerical  expenses  incurred  in  the  perform- 
ance of  their  duties. 

Sec.  9. — That  the  commission  may  transmit  to  each 
board  all  pertinent  information  in  its  possession  rela- 
tive to  the  wages,  hours  and  sanitary  conditions  of  the 
occupation  in  question.  Each  board  shall  endeavor  to 
determine  the  minimum  wage,  whether  by  time-rate  or 
piece-rate,  required  in  the  case  of  a  woman  worker  of 
ordinary  ability  in  the  occupation  in  question  to  supply 
the  necessary  cost  of  living  and  the  number  of  hours 
and  other  sanitary  conditions  necessary  to  maintain  her 
health,  and  suitable  minimum  wages,  hours,  and  sani- 
tary conditions  for  learners  and  apprentices,  and  minors. 
Provided,  however,  that  such  board  may  recommend 
different  minima  hours  and  standards  for  each  class  in 
an  occupation  of  different  localities  in  the  state,  when, 
in  the  judgment  of  said  board,  the  different  conditions 
obtaining  justify  such  action.  When  a  majority  of  the 
members  of  a  board  shall  agree  upon  minimum  wage, 
standard  of  hours,  or  sanitary  determinations,  they 
shall  report  such  determinations  to  the  commission, 
together  with  the  reasons  therefor  and  the  facts  relat- 
ing thereto. 

Sec.  10. — That  upon  receipt  of  the  report  of  the 
determinations  of  a  board,  the  commission  shall  con- 


218 

sider  and  review  the  same;  and  it  may  approve  any  or 
all  of  such  determinations  or  disapprove  any  or  all  of 
them ;  and  it  may  re-submit  to  the  same  hoard,  or  a  new 
board,  any  subject  covered  by  any  determinations  so 
disapproved.  If  the  commission  approves  any  determi- 
nation contained  in  a  report  from  a  board,  it  shall  pub- 
lish a  notice,  not  less  than  once  a  week  for  four  succes- 
sive weeks  in  the  official  state  paper,  that  it  will  on  a 
date  and  at  a  place  named  in  said  notice,  hold  a  public 
meeting  at  which  all  persons  in  favor  of  or  opposed  to 
said  recommendations  will  be  given  a  hearing ;  and,  after 
said  publication  of  said  notice  and  said  meeting,  the 
commission  may,  in  its  discretion,  make  and  render  such 
an  order  as  may  be  proper  or  necessary  to  adopt  such 
determinations  and  carry  the  same  into  effect,  and  re- 
quire all  employers  in  the  occupation  affected  thereby 
to  observe  and  comply  with  such  determinations  and 
said  order.  iSaid  order  shall  become  effective  in  sixty 
days  after  it  is  made  and  rendered  and  shall  be  in  full 
force  and  effect  on  and  after  the  60th  day  following  its 
making  and  rendition.  The  commission  shall,  in  so  far 
as  it  is  practicable,  mail  a  copy  of  any  such  order  to 
every  employer  affected  thereby;  and  every  employer 
affected  by  any  such  order  shall  keep  a  copy  thereof 
posted  in  a  conspicous  place  in  each  room  in  his  estab- 
lishment. 

Sec.  11. — That  whenever  wages,  hours,  or  conditions 
of  labor  have  been  made  mandatory  in  any  occupation, 
upon  petition  of  either  employers  or  employees,  the  com- 
mission may  at  its  discretion  re-open  the  question  and 
re-convene  the  former  board  or  call  a  new  one,  and  any 
determinations  made  by  such  board  shall  be  dealt  with 
in  the  same  manner  as  were  the  original  determinations. 

Sec.  12. — That  for  any  occupation  in  which  only  a 
minimum  time  wage  has  been  established,  the  commis- 
sion may  issue  to  an  employee  physically  defective  or 
crippled,  or  of  less  than  ordinary  ability,  or  learners, 
apprentices  and  minors  a  special  license  authorizing  the 
employment  of  such  person  at  a  wage  and  for  a  number 


219 

of  hours  less  than  that  fixed  by  said  commission  to  be 
stated  in  said  license. 

Sec.  13. — That  the  word  ^^occnpation'^  as  nsed  in 
this  act  shall  be  so  construed  as  to  include  any  and  every 
vocation  and  pursuit  and  trade  and  industry.  The 
words  " learners''  and  '* apprentices''  shall  include  only 
such  learners  and  apprentices  as  are  minors  or  are 
women.  Any  board  may  make  a  separate  inquiry  into 
and  report  on  any  branch  of  any  occupation;  and  the 
commission  may  make  a  separate  order  affecting  any 
branch  of  any  occupation.  A  ^^ minor"  shall  mean  a 
person,  male  or  female,  under  18  years  of  age.  A 
^^ woman"  shall  mean  any  female  18  years  of  age  and 
over.  Any  board  may  include  in  its  determinations  defi- 
nitions of  ^'learner"  and  ^ ^ apprentice "  and  the  commis- 
sion shall  have  power  to  make  such  rules  and  regula- 
tions and  to  issue  such  orders  relating  to  the  same  as 
it  deems  necessary  to  make  effective  the  object  of  this 
act. 

Sec.  14. — ^Any  employer  or  employee  or  other  per- 
son who  shall  be  interested  therein,  who  shall  be  dis- 
satisfied with  any  order,  ruling  or  holding  of  the  com- 
mission may,  within  thirty  days  from  the  making  there- 
of, commence  an  action  in  the  district  court  of  Shawnee 
county  or  in  the  district  court  in  the  county  in  which 
the  person  so  complaining  shall  reside  or  have  his  prin- 
cipal place  of  business  against  the  industrial  welfare 
commission,  as  defendant,  to  vacate  and  set  aside  such 
order,  ruling  or  holding  on  the  ground  that  the  same 
is  unauthorized  by  law,  confiscatory  or  unreasonable, 
and  in  any  such  action  all  determinations  of  questions 
of  fact  which  shall  have  been  made  by  the  commission 
under  the  foregoing  provisions  of  this  act  shall  be  pre- 
sumed to  be  correct  and  the  burden  of  proof  shall  be 
upon  the  plaintiff  to  show  the  incorrectness  of  such 
determinations.  In  all  such  actions,  the  attorney  gen- 
eral shall  appear  for  and  represent  such  commission. 
All  such  actions  shall  have  preference  in  any  court  and 
on  motion  shall  be  advanced  over  any  civil  cause  of  a 


220 

different  nature  pending  in  such  court  and  such  actions 
shall  be  tried  and  determined  as  other  civil  actions. 
Appeal  from  any  decision  of  the  district  court  may  be 
taken  from  the  district  court  to  the  supreme  court  in 
the  same  manner  as  provided  by  law  in  other  civil 
actions  and  shall  have  precedence  in  the  supreme  court 
over  civil  cases  of  a  different  nature.  During  the  pen- 
dency of  any  such  action  the  orders,  rulings  and  hold- 
ings complained  of  shall,  unless  temporarily  stayed  or 
enjoined  by  the  court,  remain  in  full  force  and  effect 
until  final  judgment.  Service  of  summons  on  any  mem- 
ber of  the  board  shall  be  suflScient  service  on  the  board. 

Sec.  15. — That  a  violation  of  any  provision  of  this 
act  shall  constitute  a  misdemeanor,  and  any  one  con- 
victed thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  ($25.00)  dollars,  nor  more  than  one 
hundred  ($100.00)   dollars  for  each  such  misdemeanor. 

Sec.  16. — That  any  employer  who  discharges,  or  in 
any  other  manner  discriminates  against  any  employee 
because  such  employee  has  signed  or  agreed  to  sign  any 
request  to  the  commission  to  investigate  wages,  hours, 
or  sanitary,  or  other  labor  conditions,  or  has  testified 
or  is  about  to  testify,  or  because  such  employer  believes 
that  said  employee  may  testify  in  any  investigation  or 
proceedings  or  sign  any  request  relative  to  the  enforce- 
ment of  this  ~act,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  ($25.00)  dollars 
nor  more  than  one  hundred  ($100.00)  dollars  for  each 
such  misdemeanor. 

Sec.  17. — That  any  employer  who  employs  any 
woman,  or  minor,  learner  or  apprentice  in  any  occu- 
pation at  less  than  the  minimum  wage  or  for  a  greater 
number  of  hours  in  a  day  or  week  fixed  or  under  sani- 
tary or  other  conditions  forbidden  by  order  or  license 
issued  by  the  commission,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five  ($25.00)  dol- 
lars nor  more  than  one  hundred  ($100.00)   dollars  for 


221 

each  such  misdemeanor.  Any  woman  or  minor  or 
learner  or  apprentice  who  shall  receive  less  than  the 
minimum  wage  or  shall  be  compelled  to  work  for  a 
greater  number  of  hours  than  that  fixed  by  order  or 
license  issued  by  the  commission,  shall  be  entitled  tu 
recover  in  a  civil  action  the  full  amount  of  the  legal 
minimum  wage,  and  compensation  at  the  same  rate  for 
the  number  of  hours  of  over-time  work  as  herein  pro- 
vided for,  together  with  costs  and  attorney's  fees  to  be 
fixed  by  the  court,  notwithstanding  any  agreement  to 
work  for  such  lesser  wage  or  greater  number  of  hours. 
In  such  action,  however,  the  employer  shall  be  credited 
with  any  wages  which  have  been  paid  upon  account. 

Sec.  18. — That  the  commission  shall,  from  time  to 
time,  investigate  and  ascertain  whether  or  not  employ- 
ers or  employees  in  the  state  of  Kansas  are  observing 
and  complying  with  its  orders  and  take  such  steps  as 
may  be  necessary  to  have  prosecuted  such  employers 
and  employees  as  are  not  observing  and  complying  with 
its  orders. 

Sec.  19. — That  the  commissioner  of  labor  and  the  sev- 
eral inspectors  of  the  bureau  of  labor  shall,  at  any  and 
all  times,  give  to  the  commission  any  information  or 
statistics  in  their  respective  offices  that  may  assist  said 
commission  in  carrying  out  this  act  and  render  such 
assistance  to  said  commission  as  may  not  be  inconsistent 
with  the  performance  of  their  respective  official  duties. 

Sec.  20. — That  the  commission  shall  biennially  make 
a  report  to  the  governor  and  legislature  of  its  investi- 
gations and  proceedings,  and  such  reports  shall  be 
printed  and  distributed  as  in  the  case  of  other  executive 
documents. 

Sec.  21. — That  this  act  is  to  be  construed  as  supple- 
mental to  existing  laws  regulating  the  employment  of 
women,  learners  and  apprentices  and  minors. 

Sec.  22. — That  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  publication  in  the  statute  book. 

[Approved  March  6,  1915.] 


222 
Massachusetts. 

First  Enacted  in  1912.  (Chapter  706)  Amended  in  1913, 
(Chapters  330  and  673),  in  1914  (Chapter  368), 
in  1916  (Chapter  303),  in  1919  (Chapters  72,  76 
and  77)  and  in  1920  (Chapters  48,  350  and  387), 

An  Act  to  establish  the  mmimum  wage  commission  and 
to  provide  for  the  determination  of  minimum 
wages  for  women  and  minors. 

Be  it  enacted,  etc.,  as  follows: 

Section  1. — There  is  hereby  established  a  commis- 
sion to  be  known  as  the  Minimum  Wage  Commission. 
It  shall  consist  of  three  persons,  one  of  whom  shall  be 
an  employer  of  female  labor  and  one  of  whom  may  be 
a  woman  and  one  a  representative  of  labor,  to  be  ap- 
pointed by  the  governor  with  the  advice  and  consent  of 
the  council.  One  of  the  commissioners  shall  be  desig- 
nated by  the  governor  as  chairman.  The  first  appoint- 
ments shall  be  made  within  ninety  days  after  the  pass- 
age of  this  act,  one  for  a  term  ending  October  first, 
nineteen  hundred  and  thirteen,  one  for  a  term  ending 
October  first,  nineteen  hundred  and  fourteen,  and  one 
for  a  term  ending  October  first,  nineteen  hundred  and 
fifteen;  and  beginning  with  the  year  nineteen  hundred 
and  thirteen^  one  member  shall  be  appointed  annually 
for  the  term  of  three  years  from  the  first  day  of  October 
and  until  his  successor  is  qualified.  Any  vacancy  that 
may  occur  shall  be  filled  in  like  manner  for  the  unex- 
pired part  of  the  term. 

Sec.  2. — Each  commissioner  shall  be  paid  ten  dollars 
for  each  day's  service,  in  addition  to  the  traveling  and 
other  expenses  incurred  in  the  performance  of  his  ofii- 
cial  duties.  The  commission  may  appoint  a  secretary, 
who  shall  be  the  executive  officer  of  the  board  and  to 
whose  appointment  the  rules  of  the  civil  service  com- 
mission shall  not  apply.  It  shall  determine  his  salary, 
subject  to  the  approval  of  the  governor  and  council. 
The  commission  may  incur  other  necessary  expenses  not 


223 

exceeding  the  annual  appropriation  therefor,  and  shall 
be  provided  with  an  office  in  the  state  house  or  in  some 
other  suitable  building  in  the  city  of  Boston. 

Sec.  3. — It  shall  be  the  duty  of  the  commission  tQ_ 
inquire  into  the  wages  paid  to  the  female  employees  in 
any  occupation  in  the  commonwealth,  if  the  commission 
has  reason  to  believe  that  the  wages  paid  to  a  substan- 
tial number  of  such  employees  are  inadequate  to  supply 
the  necessary  cost  of  living  and  to  maintain  the  worker 
in  health. 

Sec  4.— [As  amended,  1920,  Ch.  48.]  If  after  such 
investigation  the  commission  is  of  the  opinion  that  in 
the  occupation  in  question  the  wages  paid  to  a  substan- 
tial number  of  female  employees  are  inadequate  to  sup- 
ply the  necessary  cost  of  living  and  to  maintain  the 
worker  in  health,  the  commission  shall  establish  a  wage 
board  consisting  of  an  equal  number  of  representatives 
of  employers  in  the  occupation  in  question,  and  of  per- 
sons to  represent  the  female  employees  in  said  occupa- 
tion, and  of  one  or  more  disinterested  persons  appointed 
by  the  commission  to  represent  the  public;  but  the  rep- 
resentatives of  the  public  shall  not  exceed  one-half  of 
the  number  of  representatives  of  either  of  the  other 
parties.  The  commission  shall  give  notice  to  employers 
and  employees  in  said  occupation  by  publication  or 
otherwise  of  its  determination  to  establish  a  wage  board 
and  of  the  number  of  representatives  of  employers  and 
employees  to  be  chosen  therefor,  and  shall  request  that 
said  employers  and  employees,  respectively,  nominate 
such  representatives  by  furnishing  names  to  the  com- 
mission. The  representatives  of  employers  and  employ- 
ees shall  be  selected  by  the  commission  from  names 
furnished  by  the  employers  and  by  the  employees,  re- 
spectively; provided^  that  the  same  are  furnished  within 
ten  days  after  the  request  of  the  commission;  and  pro- 
vided,  further,  that  at  least  twice  as  many  names  re- 
spectively are  furnished  as  are  required.  If  less  than 
this  number  of  names  are  furnished  for  representatives, 
either  of  the  employers  or  of  employees,  at  least  one 


224 

half  the  names  so  furnished  shall  be  selected,  and  the 
remaining  places  necessary  may  be  filled  by  the  com- 
mission by  appointments  made  directly  from  employers, 
including  officers  of  corporations,  associations,  and  part- 
nerships, or  from  employees  in  the  occupation,  as  the 
case  may  be.  The  commission  shall  designate  as  chair- 
man one  of  the  representatives  of  the  public,  and  shall 
make  rules  and  regulations  governing  the  selection  of 
members  and  the  modes  of  procedure  of  the  boards,  and 
shall  exercise  exclusive  jurisdiction  over  all  questions 
arising  with  reference  to  the  validity  of  the  procedure 
and  of  the  determinations  of  the  boards.  The  members 
of  wage  boards  shall  be  compensated  at  the  same  rate 
as  jurors,  and  they  shall  be  allowed  the  necessary  travel- 
ing and  clerical  expenses  incurred  in  the  performance 
of  their  duties,  these  payments  to  be  made  from  the  ap- 
propriation for  the  expenses  of  the  commission.  The 
commission  shall  have  power  to  fill  a  vacancy  or  vacan- 
cies arising  in  a  duly  constituted  wage  board  by  appoint- 
ing a  sufficient  number  of  suitable  persons  to  complete 
the  representation  of  the  employers,  employees,  or  pub- 
lic, as  the  case  may  be. 

Sec.  5. — The  commission  may  transmit  to  each  wage 
board  all  pertinent  information  in  its  possession  relative 
to  the  wages  paid  in  the  occupation  in  question.  Each 
wage  board  shall  take  into  consideration  the  needs  of 
the  employees,  the  financial  condition  of  the  occupation 
and  the  probable  effect  thereon  of  any  increase  in  the 
minimum  wages  paid,  and  shall  endeavor  to  determine 
the  minimum  wage,  whether  by  time  rate  or  piece  rate, 
suitable  for  a  female  employee  of  ordinary  ability  in 
the  occupation  in  question,  or  for  any  or  all  of  the 
branches  thereof,  and  also  suitable  minimum  wages  for 
learners  and  apprentices  and  for  minors  below  the  age 
of  eighteen  years.  When  a  majority  of  the  members 
of  a  wage  board  shall  agree  upon  minimum  wage  deter- 
minations, they  shall  report  such  determinations  to  the 
commission,  together  with  the  reasons  therefor  and  the 
facts  relating  thereto. 


225 

Sec.  6. — Upon  receipt  of  a  report  from  a  wage  board, 
the  commission  shall  review  the  same,  and  may  approve 
any  or  all  of  the  determinations  recommended,  or  may 
disapprove  any  or  all  of  them,  or  may  recommit  the  sub-_ 
ject  to  the  same  or  to  a  new  wage  board.  If  the  com- 
mission approves  any  or  all  of  the  determinations  of  the 
wage  board  it  shall,  after  not  less  than  fourteen  days' 
notice  to  employers  paying  a  wage  less  than  the  mini- 
mum wage  approved,  give  a  public  hearing  to  such 
employers,  and  if,  after  such  public  hearing,  the  com- 
mission finally  approves  the  determination,  it  shall  enter 
a  decree  of  its  findings  and  note  thereon  the  names  of 
employers,  so  far  as  they  may  be  known  to  the  commis- 
sion, who  fail  or  refuse  to  accept  such  minimum  wage 
and  to  agree  to  abide  by  it.  The  commission  shall  there- 
after publish  at  such  times  and  in  such  manner  as  it 
may  deem  advisable  a  summary  of  its  findings  and  of 
its  recommendations.  It  shall  also  at  such  times  and 
in  such  manner  as  it  shall  deem  advisable  publish  the 
facts,  as  it  may  find  them  to  be,  as  to  the  acceptance  of 
its  recommendations  by  the  employers  engaged  in  the 
industry  to  which  any  of  its  recommendations  relate, 
and  may  publish  the  names  of  employers  whom  it  finds 
to  be  following  or  refusing  to  follow  such  recommen- 
dations. An  employer  who  files  a  declaration  under 
oath  in  the  supreme  judicial  court  or  the  superior  court 
to  the  effect  that  compliance  with  the  recommendation 
of  the  commission  would  render  it  impossible  for  him 
to  conduct  his  business  at  a  reasonable  profit  shall  be 
entitled  to  a  review  of  said  recommendation  by  the  court 
under  the  rules  of  equity  procedure.  The  burden  of 
proving  the  averments  of  said  declaration  shall  be  upon 
the  complainant.  If,  after  such  review,  the  court  shall 
find  the  averments  of  the  declaration  to  be  sustained, 
it  may  issue  an  order  restraining  the  commission  from 
publishing  the  name  of  the  complainant  as  one  who 
refuses  to  comply  with  the  recommendations  of  the 
commission.  But  such  review,  or  any  order  issued  by 
the  court  thereupon,  shall  not  be  an  adjudication  affect- 
ing the  commission  as  to  any  employer  other  than  the 


226 

complainant,  and  shall  in  no  waj  affect  the  right  of  the 
commission  to  publish  the  names  of  those  employers 
who  do  not  comply  with  its  recommendations.  The  type 
in  which  the  employers '  names  shall  be  printed  shall  not 
be  smaller  than  that  in  which  the  news  matter  of  the 
paper  is  printed.  The  publication  shall  be  attested  by 
the  signature  of  at  least  a  majority  of  the  commission. 

Sec.  7. — ^Eepealed. 

Sec.  8.  [As  amended,  1920,  Ch.  387.]  Whenever  a 
minimum  wage  rate  has  been  established  in  any  occu- 
pation, the  commission  may,  upon  petition  of  either 
employers  or  employees,  or  if  in  its  opinion  such  action 
is  necessary  to  meet  changes  in  the  cost  of  living,  may 
without  such  petition,  reconvene  the  wage  board  or 
establish  a  new  wage  board,  and  any  recommendation 
made  by  such  board  shall  be  dealt  with  in  the  same  man- 
ner as  the  original  recommendation  of  a  wage  board. 

Sec.  9. — ^For  any  occupation  in  which  a  minimum 
time  rate  only  has  been  established,  the  commission 
may  issue  to  any  woman  physically  defective  a  special 
license  authorizing  the  employnaent  of  the  licensee  for  a 
wage  less  than  the  legal  minimum  wage:  provided^  that 
it  is  not  less  than  the  special  minimum  wage  fixed  for 
that  person. 

Sec.  10. — The  commission  may  at  any  time  inquire 
into  the  wages  paid  to  minors  in  any  occupation  in  which 
the  majority  of  employees  are  minors,  and  may,  after 
giving  public  hearings,  determine  minimum  wages  suit- 
able for  such  minors.  When  the  commission  has  made 
such  a  determination,  it  may  proceed  in  the  same  man- 
ner as  if  the  determination  had  been  recommended  to 
the  commission  by  a  wage  board. 

Sec.  11.  [As  amended,  1919,  Ch.  76.]  Every  em- 
ployer of  women  and  minors  shall  keep  a  register  of  the 
names,  addresses  and  occupations  of  all  women  and 
minors  employed  by  him,  together  with  a  record  of  the 
amount  paid  each  week  to  each  woman  and  minor,  and 


227 

if  the  commission  shall  so  require,  shall  also  keep  for 
a  specified  period,  not  exceeding  six  months,  a  record  of 
the  hours  worked  by  such  employees,  and  shall,  on  re- 
quest of  the  commission  or  of  the  director  of  the  bureau: 
of  statistics,  permit  the  commission  or  any  of  its  mem- 
bers or  agents,  or  the  director  of  the  bureau  of  statis- 
tics or  any  duly  accredited  agent  of  said  bureau,  to 
inspect  the  said  register  and  to  examine  such  parts  of 
the  books  and  records  of  employers  as  relate  to  the 
wages  paid  to  women  and  minors  and  the  hours  worked 
by  such  employees.  Any  employer  failing  to  keep  a  reg- 
ister of  records  as  herein  provided,  or  refusing  to  per- 
mit their  inspection  or  examination  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  fifty  dollars  for 
each  offense.  The  commission  shall  also  have  power 
to  subpoena  witnesses,  administer  oaths  and  take  testi- 
mony. Such  witnesses  shall  be  summoned  in  the  same 
manner  and  be  paid  from  the  treasury  of  the  common- 
wealth the  same  fees  as  witnesses  before  the  superior 
court. 

Sec.  11a.  [Amendment,  1919,  Ch.  77.]  The  commis- 
sion may  require  employers  in  any  occupation  to  post 
notices  of  its  hearings  or  of  nominations  for  wage 
boards,  or  of  decrees  that  apply  to  their  employees,  in 
such  reasonable  way  and  for  such  length  of  time  as  it 
may  direct.  Whoever  refuses  or  fails  to  post  such  notices 
or  decrees,  when  so  required,  shall  be  punished  by  a  fine 
of  not  less  than  five  nor  more  than  fifty  dollars  for  each 
offense.  The  commission  and  the  state  board  of  labor 
and  industries  shall  have  power  to  enforce  the  provi- 
sions of  this  section. 

Sec.  12. — Upon  request  of  the  commission,  the  direc- 
tor of  the  bureau  of  statistics  shall  cause  such  statistics 
and  other  data  to  be  gathered  as  the  commission  may 
require,  and  the  cost  thereof  shall  be  paid  out  of  the 
appropriation  made  for  the  expenses  of  the  commission. 

Sec.  13. — Any  employer  who    discharges  or    in  any 


228 

other  manner  discriminates  against  any  employee  be- 
cause such  employee  has  testified,  or  is  about  to  testify, 
or  has  served  or  is  about  to  serve  upon  a  wage  board, 
or  is  or  has  been  active  in  the  formation  thereof,  or 
has  given  or  is  about  to  give  information  concerning  the 
conditions  of  such  employee's  employment,  or  because 
the  employer  believes  that  the  employee  may  testify,  or 
may  serve  upon  a  wage  board,  or  may  give  information 
concerning  the  conditions  of  the  employee  *s  employment, 
in  any  investigation  or  proceeding  relative  to  the  enforce- 
ment of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  two  hundred  dollars  and  not 
more  than  one  thousand  dollars  for  each  offense. 

Sec.  14. — The  commission  shall  from  time  to  time 
determine  whether  employers  in  each  occupation  inves- 
tigated are  obeying  its  decrees,  and  shall  publish  in  the 
manner  provided  in  section  six,  the  name  of  any  em- 
ployer whom  it  finds  to  be  violating  any  such  decree. 

Sec.  15. — ^Any  newspaper  refusing  or  neglecting  to 
publish  the  findings,  decrees  or  notices  of  the  commis- 
sion at  its  regular  rates  for  the  space  taken  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  for  each  offense. 

Sec.  16. — No  member  of  the  commission  and  no  news- 
paper publisher,  proprietor,  editor  or  employee  thereof, 
shall  be  liable  to  an  action  for  damages  for  publishing 
the  name  of  any  employer  in  accordance  with  the  provi- 
sions of  this  act,  unless  such  publication  contains  some 
wilful  misrepresentation. 

Sec.  17. — The  commission  shall,  annually,  on  or  be- 
fore the  first  Wednesday  in  January,  make  a  report  to 
the  general  court  of  its  investigations  and  proceedings 
during  the  preceding  year. 

Sec.  18. — This  act  shall  take  effect  on  the  first  day  of 
July  in  the  year  nineteen  hundred  and  thirteen. 

[Approved  June  4,  1912.] 


I 


229 

General  Acts,  1919.   (Oha\pter  350.) 

An  Act  to  organize  in  departments  the  executive  and 
administrative  functions  of  the   Commonwealths- 
Department  of  Labor  and  Industries. 

Section  69. — The  board  of  labor  and  industries,  ex- 
isting under  authority  of  chapter  seven  hundred  and 
twenty-six  of  the  acts  of  nineteen  hundred  and  twelve 
and  acts  in  amendment  thereof  and  in  addition  thereto; 
....  the  minimum  wage  commission,  existing  under 
authority  of  chapter  seven  hundred  and  six  of  the  acts 
of  nineteen  hundred  and  twelve,  and  acts  in  amendment 
thereof  and  in  addition  thereto;  ....  are  hereby  abol- 
ished. All  the  rights,  powers,  duties  and  obligations  of 
the  said  boards,  commissions  and  offices,  or  of  any  mem- 
ber or  official  thereof,  ....  are  hereby  transferred  to 
and  shall  hereafter  be  exercised  and  performed  by  the 
department  of  labor  and  industries,  established  by  this 
act,  which  shall  be  the  lawful  successor  of  said  boards, 
commissions,  and  offices  and  of  said  bureau  of  statistics, 
and  the  director  thereof,  with  respect  to  the  said  rights, 
powers,  duties  and  obligations. 

Sec.  70. — The  department  of  labor  and  industries 
shall  be  under  the  supervision  and  control  of  a  commis- 
sioner, to  be  known  as  the  commissioner  of  labor  and 
industries,  an  assistant  commissioner,  who  may  be  a 
woman,  and  three  associate  commissioners,  one  of  whom 
shall  be  a  representative  of  labor  and  one  of  whom  shall 
be  a  representative  of  employers  of  labor,  all  of  whom 
shall  be  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  council.  The  first  appointment  of  the 
commissioner  and  assistant  commissioner  shall  be  for 
the  term  of  three  years,  and  of  the  associate  commis- 
sioners for  the  terms  of  one,  two  and  three  years,  re- 
spectively. Thereafter  as  the  terms  expire  the  gover- 
nor shall  in  like  manner  appoint  the  said  commissioners 
for  terms  of  three  years,  shall  fill  any  vacancy  for  the 
unexpired  term,  and  may,  with  the  consent  of  the  coun- 


230 

cil,  remove  any  commissioner.  The  commissioner  sliall 
receive  such  annual  salary  not  exceeding  seven  thousand 
five  hundred  dollars,  and  the  assistant  commissioner  and 
associate  commissioners  such  annual  salary,  not  exceed- 
ing four  thousand  dollars  each,  as  the  governor  and  coun- 
cil may  determine. 

Sec.  71. — The  commissioner  shall  he  the  executive 
and  administrative  head  of  the  department.  He  shall 
have  charge  of  the  administration  and  enforcement  of 
all  laws,  rules  and  regulations  which  it  is  the  duty  of 
the  department  to  administer  and  enforce,  and  shall 
direct  all  inspections  and  investigations  except  as  is 
otherwise  provided  herein.  He  may  organize  the  depart- 
ment in  such  divisions  as  he  may  from  time  to  time 
determine,  and  may  assign  the  officers  and  employees 
of  the  department  thereto.  He  shall  prepare  for  the 
consideration  of  the  associate  commissioners,  rules  and 
regulations,  in  accordance  with  existing  law,  to  carry 
out  the  provisions  of  this  act  relative  to  the  department. 
All  rules  and  regulations  so  prepared  shall  take  effect, 
subject  to  the  provisions  of  chapter  three  hundred  and 
seven  of  the  General  Acts  of  nineteen  hundred  and  sev- 
enteen where  applicable,  when  approved  by  the  associ- 
ate commissioners,  or  upon  such  date  as  they  may  deter- 
mine. The  commissioner  may  designate  an  associate 
commissioner  to  discharge  the  duties  of  the  commis- 
sioner during  his  absence  or  disability. 

Sec.  72. — The  associate  commissioners  shall  consti- 
tute a  board  to  be  known  as  the  board  of  conciliation 
and  arbitration,  which  shall  have  the  authority  and  exer- 
cise the  functions  heretofore  vested  in  the  board  of 
conciliation  and  arbitration  and  in  the  minimum  wage 
commission,  except  as  to  matters  of  an  administrative 
nature,  and  in  pursuance  of  the  said  authority  shall,  if 
they  deem  it  necessary,  investigate  immediately  the  cir- 
cumstances of  any  industrial  dispute  which  arises,  shall 
establish  wage  boards  and  review  their  reports,  and 
may  issue  special  licenses  under  the  provisions  of  sec- 
tion nine  of  chapter  seven  hundred  and  six  of  the  acts 


,    231 

of  nineteen  hundred  and  twelve.  In  all  investigations 
and  proceedings  conducted  by  said  associate  commis- 
sioners they  shall  have  authority  to  summon  witnesses, 
to  administer  oaths,  to  take  testimony  and  to  requir^^ 
the  production  of  books  and  documents.  .  .  .  They  shall 
be  assigned  such  assistants  from  the  officers  and  em- 
ployees of  the  department  as  the  commissioner  and  they 
shall  from  time  to  time  determine.  The  fees  of  witnesses 
before  the  associate  commissioners  for  attendance  and 
travel  shall  be  the  same  as  those  of  witnesses  before 
the  superior  court,  and  shall  be  certified  and  paid  in 
accordance  with  the  provisions  of  section  fifteen  of  chap- 
ter five  hundred  and  fourteen  of  the  acts  of  nineteen  hun- 
dred and  nine,  and  acts  in  amendment  thereof  and  in 
addition  thereto. 

Sec.  73. — In  all  matters  relating  specifically  to  women 
and  minors  the  assistant  commissioner  shall  have  and 
exercise  such  duties  and  authority  as  may  be  prescribed 
by  the  commissioner  with  the  approval  of  the  associate 
commissioners. 

[Approved  July  23,  1919.] 


232 

Minnesota. 

Enacted  in  1913.    (Chapter  547.) 

An  Act  to  establish  a  minimum  wage  commission,  and 
to  provide  for  the  determination  and  establish- 
ment of  minimum  wages  for  women  and  minors. 

Be  it  enacted  hy  the  Legislature  of  the  State  of  Mi/n- 
nesota: 

iSection  1. — There  is  hereby  established  a  commis- 
sion to  be  known  as  the  minimum  wage  commission.  It 
shall  consist  of  three  persons,  one  of  whom  shall  be  the 
commissioner  of  labor  who  shall  be  the  chairman  of  the 
commission;  the  governor  shall  appoint  two  others,  one 
of  whom  shall  be  an  employer  of  women,  and  the  third 
shall  be  a  woman,  who  shall  act  as  secretary  of  the  com- 
mission. The  first  appointments  shall  be  made  within 
sixty  days  after  the  passage  of  this  act  for  a  term  end- 
ing January  1,  1915.  Beginning  with  the  year  1915  the 
appointments  shall  be  for  two  years  from  the  first  day 
of  January  and  until  their  successors  qualify.  Any 
vacancy  that  may  occur  shall  be  filled  in  like  manner  for 
the  unexpired  portion  of  the  term. 

Sec.  2. — The  commission  may  at  its  discretion  inves- 
tigate the  wages  paid  to  women  and  minors  in  any  occu- 
pation in  the  state.  At  the  request  of  not  less  than  one 
hundred  persons  engaged  in  any  occupation  in  which 
women  and  minors  are  employed,  the  commission  shall 
forthwith  make  such  investigation  as  herein  provided. 

Sec.  3. — Every  employer  of  women  and  minors  shall 
keep  a  register  of  the  names  and  addresses  of  and  wages 
paid  to  all  women  and  minors  employed  by  him,  together 
with  number  of  hours  that  they  are  employed  per  day 
or  per  week;  and  every  such  employer  shall  on  request 
permit  the  commission  or  any  of  its  members  or  agents 
to  inspect  such  register. 

Sec.  4. — The  commission  shall  specifj^  times  to  hold 
public  hearings  at  which  employers,  employes,  or  other 


233 

interested  persons  may  appear  and  give  testimony  as 
to  wages,  profits  and  other  pertinent  conditions  of  the 
occupation  or  industry.  The  commission  or  any  mem- 
ber thereof  shall  have  power  to  subpoena  witnesses,  to 
administer  oaths,  and  to  compel  the  production  of  books, 
papers,  and  other  evidence.  Witnesses  subpoenaed  by 
the  commission  may  be  allowed  such  compensation  for 
travel  and  attendance  as  the  commission  may  deem 
reasonable,  to  an  amount  not  exceeding  the  usual  mileage 
and  per  diem  allowed  by  our  courts  in  civil  cases. 

Sec.  5. — If  after  investigation  of  any  occupation  the 
commission  is  of  opinion  that  the  wages  paid  to  one- 
sixth  or  more  of  the  women  or  minors  employed  therein 
are  less  than  living  wages,  the  commission  shall  forth- 
with proceed  to  establish  legal  minimum  rates  of  wages 
for  said  occupation,  as  hereinafter  described  and  pro- 
vided. 

Sec.  6. — The  commission  shall  determine  the  mini- 
mum wages  sufficient  for  living  wages  for  women  and 
minors  of  ordinary  ability,  and  also  the  minimum  wages 
sufficient  for  living  wages  for  learners  and  apprentices. 
The  commission  shall  then  issue  an  order,  to  be  effective 
thirty  days  thereafter,  making  the  wages  thus  deter- 
mined the  minimum  wages  in  said  occupation  through- 
out the  state,  or  within  any  area  of  the  state  if  differences 
in  the  cost  of  living  warrant  this  restriction.  A  copy 
of  said  order  shall  be  mailed,  so  far  as  practicable,  to 
each  employer  affected;  and  each  such  employer  shall 
be  required  to  post  such  a  reasonable  number  of  copies 
as  the  commission  may  determine  in  each  building  or 
other  work  place  in  which  affected  workers  are  employed. 
The  original  order  shall  be  filed  with  the  commissioner 
of  labor. 

Sec.  7. — The  commission  may  at  its  discretion  estab- 
lish in  any  occupation  an  advisory  board  which  shall 
serve  without  pay,  consisting  of  not  less  than  three  nor 
more  than  ten  persons  representing  employers,  and  an 
equal  number  of  persons  representing  the  workers  in 


234 

said  occupation,  and  of  one  or  more  disinterested  per- 
sons appointed  by  the  commission  to  represent  the  pub- 
lic; but  the  number  of  representatives  of  the  public  shall 
not  exceed  the  number  of  representatives  of  either  of 
the  other  parties.  At  least  one-fifth  of  the  membership 
of  any  advisory  board  shall  be  composed  of  women,  and 
at  least  one  of  the  representatives  of  the  public  shall  be 
a  woman.  The  commission  shall  make  rules  and  regu- 
lations governing  the  selection  of  members  and  the 
modes  of  procedure  of  the  advisory  boards,  and  shall 
exercise  exclusive  jurisdiction  over  all  questions  arising 
with  reference  to  the  validity  of  the  procedure  and  deter- 
mination of  said  boards.  Provided;  that  the  selection 
of  members  representing  employers  and  employes  shall 
be,  so  far  as  practicable,  through  election  by  employers 
and  employes  respectively. 

Sec.  8. — Each  advisory  board  shall  have  the  same 
power  as  the  commission  to  subpoena  witnesses,  admin- 
ister oaths,  and  compel  the  production  of  books,  papers 
and  other  evidence.  Witnesses  subpoenaed  by  an  advis- 
ory board  shall  be  allowed  the  same  compensation  as 
when  subpoenaed  by  the  commission.  Each  advisory 
board  shall  recommend  to  the  commission  an  estimate 
of  the  minimum  wages,  whether  by  time  rate  or  by  piece 
rate,  sufficient  for  living  wages  for  women  and  minors 
of  ordinary -ability,  and  an  estimate  of  the  minimum 
wages  sufficient  for  living  wages  for  learners  and  ap- 
prentices. A  majority  of  the  entire  membership  of  an 
advisory  board  shall  be  necessary  and  sufficient  to 
recommend  wage  estimates  to  the  commission. 

Sec.  9. — Upon  receipt  of  such  estimates  of  wages 
from  an  advisory  board,  the  commission  shall  review 
the  same,  and  if  it  approves  them  shall  make  them  the 
minimum  wages  in  said  occupation,  as  provided  in  sec- 
tion 6.  Such  wages  shall  be  regarded  as  determined  by 
the  commission  itself  and  the  order  of  the  commission 
putting  them  into  effect  shall  have  the  same  force  and 
authority  as  though  the  wages  were  determined  without 
the  assistance  of  an  advisory  board. 


235 

Sec.  10. — ^All  rates  of  wages  ordered  by  the  commis- 
sion shall  remain  in  force  until  new  rates  are  deter- 
mined and  established  by  the  commission.  At  the  re- 
quest of  approximately  one-fourth  of  the  employers  or 
employes  in  an  occupation,  the  commission  must  recon-- 
sider  the  rates  already  established  therein  and  may,  if 
it  sees  fit,  order  new  rates  of  minimum  wages  for  said 
occupation.  The  commission  may  likewise  reconsider  old 
rates  and  order  new  minimum  rates  on  its  own  initiative. 

Sec.  11. — For  any  occupation  in  which  a  minimum 
time  rate  of  wages  only  has  been  ordered  the  commis- 
sion may  issue  to  a  woman  physically  defective  a  special 
license  authorizing  her  employment  at  a  wage  less  than 
the  general  minimum  ordered  in  said  occupation;  and 
the  commission  may  fix  a  special  wage  for  such  person. 
Provided ;  that  the  number  of  such  persons  shall  not 
exceed  one-tenth  of  the  whole  number  of  workers  in  any 
establishment. 

Sec.  12. — Every  employer  in  any  occupation  is  here- 
by prohibited  from  employing  any  worker  at  less  than 
the  living  wage  or  minimum  wage  as  defined  in  this  act 
and  determined  in  an  order  of  the  commission;  and  it 
shall  be  unlawful  for  any  employer  to  employ  any  worker 
at  less  than  said  living  or  minimum  wage. 

Sec.  13. — It  shall  likewise  be  unlawful  for  any  em- 
ployer to  discharge  or  in  any  manner  discriminate 
against  any  employe  because  such  employe  has  testi- 
fied, or  is  about  to  testify,  or  because  such  employer  be- 
lieves that  said  employe  is  about  to  testify,  in  any  inves- 
tigation or  proceeding  relative  to  the  enforcement  of  this 
act. 

Sec.  14. — ^Any  worker  who  receives  less  than  the  mini- 
mum wage  ordered  by  the  commission  shall  be  entitled 
to  recover  in  civil  action  the  full  amount  due  as  measured 
by  said  order  of  the  commission,  together  with  costs  and 
attorney's  fees  to  be  fixed  by  the  court,  notwithstanding 
any  agreement  to  work  for  a  lesser  wage. 


236 

•Sec.  15. — The  commission  shall  enforce  the  provi- 
sions of  this  act  and  determine  all  questions  arising 
thereunder,  except  as  otherwise  herein  provided. 

Sec.  16. — The  commission  shall  biennially  make  a 
report  of  its  work  to  the  governor  and  the  state  legis- 
lature, and  such  reports  shall  be  printed  and  distributed 
as  in  the  case  of  other  executive  documents. 

Sec.  17. — The  members  of  the  commission  shall  be 
reimbursed  for  traveling  and  other  necessary  expenses 
incurred  in  the  performance  of  their  duties  on  the  com- 
mission. The  woman  member  shall  receive  a  salary  of 
eighteen  hundred  dollars  annually  for  her  work  as  sec- 
retary. All  claims  of  the  commission  for  expenses 
necessarily  incurred  in  the  administration  of  this  act, 
but  not  exceeding  the  annual  appropriation  hereinafter 
provided,  shall  be  presented  to  the  state  auditor  for  pay- 
ment by  warrant  upon  the  state  treasurer. 

Sec.  18. — There  is  appropriated  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated  for  the 
fiscal  year  ending  July  31,  1914,  the  sum  of  ^ve  thou- 
sand dollars  ($5,000.00),  and  for  the  fiscal  year  ending 
July  31,  1915,  the  sum  of  five  thousand  dollars 
($5,000.00). 

Sec.  19. — ^Any  employer  violating  any  of  the  provi- 
sions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  for  each 
offense  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars  or  by  imprisonment  for  not  less  than  ten  nor 
more  than  sixty  days. 

Sec.  20. — Throughout  this  act  the  following  words 
and  phrases  as  used  herein  shall  be  considered  to  have 
the  following  meanings  respectively,  unless  the  context 
clearly  indicates  a  different  meaning  in  the  connection 
used: 

(1)  The  terms  ** living  wage"  or  'living  wages" 
shall  mean  wages  sufficient  to  maintain  the  worker  in 
health  and  supply  him  with  the  necessary  comforts  and 


237 

conditions  of  reasonable  life;  and  where  the  words  ** min- 
imum wage'*  or  *' minimum  wages '*  are  used  in  this  act, 
the  same  shall  be  deemed  to  have  the  same  meaning  as 
*  ^  living  wage ' '  or  *  *  living  wages. ' ' 

(2)  The  terms  *^rate'*  or  ^^ rates''  shall  mean  rate 
or  rates  of  wages. 

(3)  The  term  ** commission"  shall  mean  the  mini- 
mum wage  commission. 

(4)  The  term  ** woman"  shall  mean  a  person  of  the 
female  sex  eighteen  years  of  age  or  over. 

(5)  The  term  ** minor"  shall  mean  a  male  person 
under  the  age  of  twenty-one  years,  or  a  female  person 
under  the  age  of  eighteen  years. 

(6)  The  terms  *  learner"  and  **  apprentice "  may 
mean  either  a  woman  or  a  minor. 

(7)  The  terms  *  Worker"  or  **  employe"  may 
mean  a  woman,  a  minor,  a  learner,  or  an  apprentice, 
who  is  employed  for  wages. 

(8)  The  term  ^^ occupation"  shall  mean  any  busi- 
ness, industry,  trade,  or  branch  of  a  trade  in  which 
women  or  minors  are  employed. 

Sec.  20. — This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

[Approved  April  26,  1913.] 


238 

North  Dakota. 

Enacted  in  1919.    (Chapter  174.) 

jiN  Act  to  protect  the  lives  and  health  and  morals  of 
women  and  minor  workers  and  to  establish  maxi- 
mum hours  and  minimum  wages  therefor;  author- 
izing and  empowering  the  Workmen's  Compensa- 
tion Bureau  to  ^  such  maximum  hours  and  mini- 
mum wages  and  standard  conditions  of  labor  for 
such  workers;  providing  penalties  for  violation 
of  this  act ;  making  an  appropriation  therefor  and 
repealing  Chapter  181  of  the  Session  Laws  of 
North  Dakota  for  the  year  1917,  and  all  acts  or 
parts  of  acts  in  conflict  with  the  provisions  of 
this  act. 

Be  it  enacted  hy  the  Legislative  Assembly  of  the  State 
of  North  Dakota: 

Section  1. — Definition.  That  when  used  in  this  act 
the  term  *  ^Bureau''  means  the  Workmen's  Compensa- 
tion Bureau. 

The  term  ^^Commissioner"  means  a  member  of  the 
Workmen's  Compensation  Bureau. 

The  term  ^^ minor"  means  a  person  of  either  sex 
under  the  age  of  eighteen  years. 

The  term  ^' women"  includes  only  women  eighteen 
years  of  age -or  over. 

The  term  '^Occupation"  includes  a  business,  indus- 
try, trade  or  branch  thereof,  but  shall  not  include  agri- 
cultural or  domestic  service. 

Sec.  2. — The  said  bureau  is  hereby  authorized  and 
empowered  to  ascertain  and  declare,  in  the  manner  here- 
inafter provided,  the  following  things: 

(a)  Standards  of  hours  of  employment  for  women 
or  minors  and  what  are  unreasonably  long  hours  for 
women  or  for  minors  in  any  occupation  within  the  State 
of  North  Dakota; 

(b)  Standards  of  conditions  of  labor  for  women  or 


239 

for  minors  in  any  occupation  within  the  state  and  what 
surroundings  or  conditions,  sanitary  or  otherwise,  are 
detrimental  to  the  health  or  morals  of  women  or  of 
minors  in  any  such  occupation; 

(c)  Standards  of  minimum  wages  for  women  in 
any  occupation  in  the  state  and  what  wages  are  inade- 
quate to  supply  the  necessary  cost  of  living  to  any  such 
women  workers  and  to  maintain  them  in  good  health; 

(d)  iStandard  of  minimum  wages  for  minors  in  any 
occupation  within  the  state  of  North  Dakota  and  what 
wages  are  unreasonably  low  for  any  such  minor  workers ; 

(e)  To  prepare,  adopt  and  promulgate  rules  and 
regulations  for  the  carrying  into  effect  of  the  foregoing 
provisions  of  this  act,  including  rules  and  regulations 
for  the  selection  of  members  and  the  mode  of  procedure 
of  conferences; 

(f)  To  employ  any  and  all  necessary  help  and  as- 
sistance for  the  purpose  of  carrying  out  the  provisions 
of  this  act  and  to  fix  their  compensation  and  bonds,  pro- 
viding that  the  total  amount  of  such  compensation  shall 
not  exceed  the  amount  appropriated  therefor  by  the  Leg- 
islative Assembly; 

(g)  To  investigate  and  ascertain  the  wages  and  the 
hours  of  labor  and  the  conditions  of  labor  of  women 
and  minors  in  different  occupations  in  which  they  are 
employed  in  the  state  of  North  Dakota; 

(h)  Either  through  any  authorized  representative 
or  any  commissioner,  to  inspect  and  examine  any  and 
all  books  and  payrolls  and  others  records  of  any  em- 
ployer of  women  or  minors  that  in  any  way  appertain 
to  or  have  a  bearing  upon  the  questions  of  labor  or  hours 
of  labor  or  conditions  of  labor  of  any  such  women  work- 
ers or  minor  workers,  in  any  of  such  occupations; 

(i)  To  require  from  any  such  employer  full  and 
true  statements  of  the  wages  paid  to  and  the  hours  of 
labor  and  conditions  of  labor,  of  all  women  and  minors 
in  such  employment. 


240 

Sec.  3. — It  shall  be  unlawful  to  employ  women  or 
minors  in  any  occupation  within  the  state  for  unreason- 
ably long  hours;  and  it  shall  be  unlawful  to  employ 
women  or  minors  in  any  occupation  within  the  state 
under  such  surroundings  or  conditions,  sanitary  or 
otherwise,  as  may  be  detrimental  to  their  health,  or 
morals ;  and  it  shall  be  unlawful  to  employ  women  in  any 
occupation  within  the  state  for  wages  which  are  inade- 
quate to  supply  the  necessary  cost  of  living  and  to  main- 
tain them  in  health;  and  it  shall  be  unlawful  to  employ 
minors  in  any  occupation  within  the  state  for  xmreason- 
ably  low  wages. 

Sec.  4. — Every  employer  of  women  or  minors  shall 
keep  a  register  of  the  names  of  all  women  and  all  minors 
employed  by  him,  and  shall,  on  request,  permit  any  com- 
missioner or  any  authorized  representative  of  said 
bureau  to  inspect  and  examine  such  register. 

Sec.  5. — Said  bureau  may  hold  meetings  for  the 
transaction  of  any  of  its  business  at  such  times  and 
places  as  it  may  prescribe;  and  said  bureau  may  hold 
public  hearings  at  such  times  and  places  as  it  deems  fit 
and  proper  for  the  purpose  of  investigating  any  of  the 
matters  it  is  authorized  to  investigate  by  this  act.  At 
any  such  public  hearing  any  person  interested  in  the 
matter  being  investigated  may  appear  and  testify.  Said 
bureau  or  any  commissioner  shall  have  power  to  sub- 
poena and  compel  the  attendance  of  any  witness  at  any 
such  public  hearing  or  at  any  session  of  any  conference 
called  and  held  as  hereinafter  provided;  and  any  com- 
missioner shall  have  power  to  administer  an  oath  to  any 
witness  who  testifies  at  any  public  hearing  or  at  any 
such  session  of  any  conference.  All  witnesses  sub- 
poenaed by  said  bureau  shall  be  paid  the  same  mileage 
and  per  diem  as  are  allowed  by  law  to  witnesses  in  civil 
cases  before  the  district  court. 

jSec.  6. — If,  after  investigation,  said  bureau  is  of  the 
opinion  that  any  substantial  number  of  women  workers 
in  any  occupation  are  working  for  unreasonably  long 


241 

hours  or  are  working  under  surroundings  or  conditions 
detrimental  to  their  health  or  morals  or  are  receiving 
inadequate  wages  to  supply  them  with  the  necessary  cost 
of  living  and  maintain  them  in  health,  said  bureau  may 
call  and  convene  a  conference  for  the  purpose  and  with 
the  powers  of  considering  and  inquiring  into  and  report- 
ing on  the  subject  investigated  by  said  bureau  and  sub- 
mitted by  it  to  such  conference.  Such  conference  shall 
be  composed  of  not  more  than  three  representatives  of 
the  employers  in  said  occupation  and  of  an  equal  num- 
ber of  the  representatives  of  the  employees  in  said  oc- 
cupation and  of  not  more  than  three  disinterested  per- 
sons representing  the  public  and  of  one  or  more  com- 
missioners. Said  bureau  shall  name  and  appoint  all 
members  of  such  conference  and  designate  the  chairman 
thereof.  Said  bureau  shall  present  to  such  conference 
all  information  and  evidence  in  the  possession  or  under 
the  control  of  said  bureau  which  relates  to  the  subject 
of  the  inquiry  of  such  conference ;  and  said  bureau  shall 
cause  to  be  brought  before  such  conference  any  witness 
whose  testimony  said  bureau  deems  material  to  the  sub- 
ject of  the  inquiry  of  such  conference.  After  complet- 
ing its  consideration  of  any  inquiry  into  the  subject  sub- 
mitted to  it  by  said  bureau,  such  conference  shall  make 
and  transmit  to  said  bureau  a  report  containing  the 
findings  and  recommendations  of  such  conference  on 
said  subject.  Accordingly  as  the  subject  submitted  to 
it  may  require,  such  conference  shall,  in  its  report,  make 
recommendations  on  any  or  all  of  the  following  questions 
concerning  the  particular  occupation  under  inquiry,  to- 
wit: 

(a)  Standards  of  hours  of  employment  for  women 
workers  and  what  are  unreasonably  long  hours  of  em- 
ployment for  women  workers ; 

(b)  Standards  of  conditions  of  labor  for  women 
workers  and  what  surroundings  or  conditions,  sanitary 
or  otherwise,  are  detrimental  to  the  health  or  morals  of 
women  workers; 


242 

(c)  Standards  of  minimum  wages  for  women  work- 
ers and  what  wages  are  inadequate  to  supply  the  neces- 
sary cost  of  living  to  women  workers  and  maintain  them 
in  health. 

In  its  recommendation  on  a  question  of  wages  such 
conference  shall,  where  it  appears  that  any  substantial 
number  of  women  workers  in  the  occupation  under  in- 
quiry are  being  paid  by  piece  rates  as  distinguished 
from  time  rate,  recommend  minimum  piece  rates  as  well 
as  minimum  time  rate  and  recommend  such  minimum 
piece  rates  as  will  in  its  judgment  be  adequate  to  sup- 
ply the  necessary  cost  of  living  to  women  workers  of 
average  ordinary  ability  and  maintain  them  in  health. 
Two-thirds  of  the  members  of  any  such  conference  shall 
constitute  a  quorum;  and  the  decision  or  recommenda- 
tion or  report  of  such  two-thirds  on  any  subject  submit- 
ted shall  be  deemed  the  decision  or  recommendation  or 
report  of  such  conference. 

Sec.  7. — Upon  receipt  of  any  report  from  any  confer- 
ence said  bureau  shall  consider  and  review  the  recom- 
mendation contained  in  said  report;  and  said  bureau 
may  approve  any  or  all  of  said  recommendations  or  dis- 
approve any  or  all  of  said  recommendations;  and  said 
bureau  may  resubmit  to  the  same  conference  or  a  new 
conference  any  subject  covered  by  any  recommenda- 
tions so  disapproved.  If  said  bureau  approves  any 
recommendations  contained  in  any  report  from  any  con- 
ference, said  bureau  shall  publish  notice,  not  less  than 
once  a  week  for  four  successive  weeks  in  not  less  than 
two  newspapers  of  general  circulation  published  in  the 
state,  that  it  will  on  a  date  and  at  a  place  named  in  said 
notice  hold  a  public  meeting  at  which  all  persons  in  favor 
of  or  opposed  to  said  recommendations  will  be  given  a 
hearing;  and,  after  said  publication  of  said  notice  and 
said  meeting,  said  bureau  may,  in  its  discretion,  make 
and  render  such  an  order  as  may  be  proper  or  neces- 
sary to  adopt  such  recommendations  and  carry  the  same 
into  effect  and  require  all  employers  in  the  occupation 
affected  thereby  to  observe  and  comply  with  such  rec- 


243 

ommendations  and  said  order.  iSaid  order  shall  become 
effective  in  sixty  days  after  it  is  made  and  rendered 
and  shall  be  in  full  force  and  effect  on  and  after  the 
sixtieth  day  following  its  making  and  rendition.  After 
said  order  becomes  effective  and  while  it  is  effective^  it 
shall  be  unlawful  for  any  employer  to  violate  or  disre- 
gard any  of  the  terms  or  provisions  of  said  order  or 
to  employ  any  woman  worker  in  any  occupation  covered 
by  said  order  for  longer  hours  or  under  different  sur- 
roundings or  conditions  or  at  a  lower  wage  than  are 
authorized  or  permitted  by  said  order.  Said  bureau 
shall,  as  far  as  is  practicable,  mail  a  copy  of  such  order 
to  every  employer  affected  thereby;  and  every  employer 
affected  by  ajiy  such  order  shall  keep  a  copy  thereof 
posted  in  a  conspicuous  place  in  each  room  in  his  estab- 
lishment in  which  women  workers  work.  No  such  order 
of  said  bureau  shall  authorize  or  permit  the  employment 
of  any  women  for  more  hours  per  day  or  per  week  than 
the  maximum  now  fixed  by  law. 

Sec.  8. — ^Said  bureau  may  at  any  time  inquire  into 
wages  or  hours  or  conditions  of  labor  of  minors  employed 
in  any  occupation  in  this  state  and  determine  suitable 
wages  and  hours  and  conditions  of  labor  for  such  min- 
ors. When  said  bureau  has  made  such  determination,  it 
may  issue  an  obligatory  order  in  the  manner  hereinbe- 
fore provided;  and,  after  such  order  is  effective,  it  shall 
be  unlawful  for  any  employer  in  said  occupation  to 
employ  a  minor  at  less  wages  or  for  more  hours  or  under 
different  conditions  of  labor  than  are  specified  or  re- 
quired in  or  by  said  order;  but  no  such  order  of  said 
bureau  shall  authorize  or  permit  the  employment  of 
any  minor  for  more  hours  per  day  or  per  week  than  the 
maximum  now  fixed  by  law  or  at  any  times  or  under  any 
conditions  now  prohibited  by  law. 

Sec.  9. — Said  bureau  shall,  from  time  to  time,  inves- 
tigate and  ascertain  whether  or  not  employers  in  the 
state  are  observing  and  complying  with  its  orders  and 
take  such  steps  as  may  be  necessary  to  have  prosecuted 


244 

such  employers  as  are  not  observing  or  complying  witli 
its  orders. 

Sec.  10. — All  questions  of  fact  arising  under  the  fore- 
going provisions  of  this  act  shall,  except  as  otherwise 
herein  provided,  be  determined  by  said  bureau,  and 
there  shall  be  no  appeal  from  the  decision  of  said 
bureau  on  any  such  question  of  fact;  but  there  shall  be 
a  right  of  appeal  from  said  bureau  to  the  district  court 
of  Burleigh  county,  from  any  ruling  or  holding  on  a  ques- 
tion of  law  included  in  or  embodied  in  any  decision  or 
order  of  said  bureau,  and,  on  the  same  question  of  law, 
from  said  district  court  to  the  supreme  court  of  the  state. 
In  all  such  appeals  the  attorney  general  shall  appear  for 
and  represent  said  bureau. 

Sec.  11. — For  any  occupation  in  which  the  minimum 
wage  has  been  established  the  bureau  may  issue  to  a 
female  physically  defective  by  age  or  otherwise  or  to  an 
apprentice  or  learner  in  such  occupations  as  usually 
require  learners  or  apprentices,  a  special  license  author- 
izing the  employment  of  any  such  licensee  at  a  wage  less 
than  the  minimum  wage  to  be  fixed  by  the  bureau,  such 
license  to  be  issued  under  such  rules  and  regulations  as 
the  bureau  may  establish  therefor. 

Sec.  12. — Nothing  in  this  act  shall  authorize  or  em- 
power the  bureau  to  increase  the  hours  of  labor  for 
women  or  in  any  manner  impair  or  affect  the  provisions 
of  an  act  entitled  **Por  an  Act  regulating  and  fixing 
the  hours  of  labor  for  females  and  providing  penalties 
for  the  violation  thereof, ' '  adopted  at  the  Sixteenth  Leg- 
islative Session  of  this  state. 

Sec.  13. — ^Any  person  who  violates  any  of  the  fore- 
going provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  ($25.00) 
dollars  nor  more  than  one  hundred  ($100.00)  dollars  or 
by  imprisonment  in  the  county  jail  for  not  less  than  ten 
days  nor  more  than  three  months  or  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 


245 

Sec.  14. — ^Any  employer  who  discharges  or  in  any 
other  manner  discriminates  against  any  employee  be- 
cause such  employee  has  testified,  or  is  about  to  testify, 
or  because  such  employer  believes  that  said  employee 
may  testify,  in  any  investigation  or  proceedings  under 
or  relative  to  this  act,  shall  be  deemed  guilty  of  a  mis-~ 
demeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  ($25.00)  dollars 
nor  more  than  one  hundred  ($100.00)  dollars. 

Sec.  15. — If  any  woman  worker  shall  be  paid  by  her 
employer  less  than  the  minimum  wage  to  which  she  is 
entitled  under  or  by  virtue  of  an  order  of  said  bureau, 
she  may  recover  in  a  civil  action  the  full  amount  of  her 
said  minimum  wage  less  any  amount  actually  paid  her 
by  said  employer,  together  with  such  attorney's  fees  as 
may  be  allowed  by  the  court ;  and  any  agreement  for  her 
to  work  for  less  than  such  minimum  wage  shall  be  no 
defense  to  such  action. 

Sec.  16. — ^Said  bureau  shall,  on  or  before  the  first 
day  of  November  of  the  year  1920  and  of  each  second 
year  thereafter,  make  a  succinct  report  to  the  governor 
and  legislature  of  its  work  and  the  proceedings  under 
this  act  during  the  preceding  two  years. 

Sec.  17. — ^Appropriation.  There  is  hereby  appropri- 
ated out  of  the  moneys  in  the  state  treasury,  not  other- 
wise appropriated,  the  sum  of  Six  Thousand  Dollars 
per  annum,  or  so  much  thereof  as  may  be  necessary  per 
annum,  to  carry  into  effect  the  provisions  of  this  act 
and  to  pay  the  expenses  and  expenditures  authorized  by 
or  incurred  under  this  act. 

Sec.  18. — That  Chapter  181  of  the  Session  Laws  of 
North  Dakota  for  the  year  1917  and  all  acts  and  parts 
of  acts  in  conflict  herewith,  are  hereby  repealed. 

[Approved  March  6th,  1919.] 


246 

Oregon. 

Enacted  in   1913,     fChapter  62.)     Amended  m  1915, 
(Chapter  35.);  in  1917  (Chapter  163.) 

An  Act  to  protect  the  lives  and  health  and  morals  of 
women  and  minor  workers,  and  to  establish  an 
Industrial  Welfare  Commission  and  define  its 
powers  and  duties,  and  to  provide  for  the  fixing 
of  minimum  wages  and  maximum  hours  and 
standard  conditions  of  labor  for  such  workers,  and 
to  provide  penalties  for  violation  of  this  act. 

Whereas,  The  welfare  of  the  State  of  Oregon  re- 
quires that  women  and  minors  should  be  protected  from 
conditions  of  labor  which  have  a  pernicious  effect  on 
their  health  and  morals,  and  inadequate  wages  and  un- 
duly long  hours  and  unsanitary  conditions  of  labor  have 
such  a  pernicious  effect;  therefore, 

Be  it  enacted  by  the  People  of  the  State  of  Oregon:, 
Section  1. — It  shall  be  unlawful  to  employ  women  or 
minors  in  any  occupation  within  the  State  of  Oregon 
for  unreasonably  long  hours;  and  it  shall  be  unlawful 
to  employ  women  or  minors  in  any  occupation  within 
the  State  of  Oregon  under  such  surroundings  or  condi- 
tions— sanitary  or  otherwise — as  may  be  detrimental  to 
their  health  or  morals ;  and  it  shall  be  unlawful  to  employ 
women  in.  any  occupation  within  the  State  of  Oregon  for 
wages  which  are  inadequate  to  supply  the  necessary 
cost  of  living  and  to  maintain  them  in  health;  and  it 
shall  be  unlawful  to  employ  minors  in  any  occupation 
within  the  State  of  Oregon  for  unreasonably  low  wages. 

Sec.  2. — There  is  hereby  created  a  commission  com- 
posed of  three  commissioners,  which  shall  be  known  as 
the  *^  Industrial  Welfare  Commission ;' '  and  the  word 
'*  Commission ''  as  hereinafter  used  refers  to  and  means 
said  ** Industrial  Welfare  Commission ;''  and  the  word 
'*  Commissioner"  as  hereinafter  used  refers  to  and 
means  a  member  of  said  '^Industrial  Welfare  Commis- 
sion.''    Said  Commissioners  shall  be  appointed  by  the 


247 

Governor.  The  Governor  shall  make  his  first  appoint- 
ments hereunder  within  thirty  days  after  this  bill  be- 
comes a  law;  and  of  the  three  Commissioners  first  ap- 
pointed, one  shall  hold  office  until  January  1,  1914,  and 
another  shall  hold  office  until  January  1,  1915,  and  the_ 
third  shall  hold  office  until  January  1,  1916 ;  and  the  Gov- 
ernor shall  designate  the  terms  of  each  of  said  three  first 
appointees.  On  or  before  the  first  day  of  January  of 
each  year,  beginning  with  the  year  1914,  the  Governor 
shall  appoint  a  Commissioner  to  succeed  the  Commis- 
sioner whose  term  expires  on  said  first  day  of  January; 
and  such  new  appointee  shall  hold  office  for  the  term  of 
three  years  from  said  first  day  of  January.  Each  Com- 
missioner shall  hold  office  until  his  successor  is  appointed 
and  has  qualified;  and  any  vacancy  that  may  occur  in 
the  membership  of  said  Commission  shall  be  filled  by 
appointment  by  the  Governor  for  the  unexpired  portion 
of  the  term  in  which  such  vacancy  occurs.  A  majority 
of  said  Commissioners  shall  constitute  a  quorum  to 
transact  business,  and  the  act  or  decision  of  such  a 
majority  shall  be  deemed  the  act  or  decision  of  said 
Commission;  and  no  vacancy  shall  impair  the  right  of 
the  remaining  Commissioners  to  exercise  all  the  powers 
of  said  Commission.  The  Governor  shall,  so  far  as  prac- 
ticable, so  select  and  appoint  said  Commissioners — both 
the  original  appointments  and  all  subsequent  appoint- 
UKjnts — that  at  all  times  one  of  said  Commissioners  shall 
represent  the  interests  of  the  employing  class  and  one 
of  said  Commissioners  shall  represent  the  interests  of 
the  employed  class  and  the  third  of  said  Commissioners 
shall  be  one  who  will  be  fair  and  impartial  between  em- 
ployers and  employes  and  work  for  the  best  interests  of 
the  public  as  a  whole. 

iSec.  3. — The  first  Commissioners  appointed  under 
this  Act  shall,  within  twenty  days  after  their  appoint- 
ment, meet  and  organize  said  Commission  by  electing 
one  of  their  number  as  chairman  thereof  and  by  choos- 
ina:  a  secretary  of  said  Commission;  and  by  or  before 
the  tenth  day  of  January  of  each  year,  beginning  with 


248 

the  year  1914,  said  Commissioners  shall  elect  a  chair- 
man and  choose  a  secretary  for  the  coming  year.  Each 
such  chairman  and  each  such  secretary  shall  hold  his  or 
her  position  until  his  or  her  successor  is  elected  or 
chosen;  but  said  Commission  may  at  any  time  remove 
any  secretary  chosen  hereunder.  Said  secretary  shall 
not  be  a  Commissioner;  and  said  secretary  shall  perform 
such  duties  as  may  be  prescribed  and  receive  such  salary 
as  may  be  fixed  by  said  Commission.  None  of  said  Com- 
missioners shall  receive  any  salary  as  such.  All  author- 
ized and  necessary  expenses  of  said  Commission  and  all 
authorized  and  necessary  expenditures  incurred  by  said 
Commission  shall  be  audited  and  paid  as  other  State 
expenses  and  expenditures  are  audited  and  paid. 

Sec.  4. — Said  Commission  is  hereby  authorized  and 
empowered  to  ascertain  and  declare,  in  the  manner  here- 
inafter provided,  the  following  things:  (a)  Standards 
of  hours  of  employment  for  women  or  for  nainors  and 
what  are  unreasonably  long  hours  for  women  or  for 
minors  in  any  occupation  within  the  State  of  Oregon; 
(h)  Standards  of  conditions  of  labor  for  women  or  for 
minors  in  any  occupation  within  the  State  of  Oregon 
and  what  surroundings  or  conditions — sanitary  or  other- 
wise— are  detrimental  to  the  health  or  morals  of  women 
or  of  minors  in  any  such  occupation;  (c)  Standards  of 
minimum  wages  for  women  in  any  occupation  within  the 
State  of  Oregon  and  what  wages  are  inadequate  to  sup- 
ply the  necessary  cost  of  living  to  any  such  women 
workers  and  to  maintain  them  in  good  health;  and  (d) 
Standards  of  minimum  wages  for  minors  in  any  occupa- 
tion within  the  State  of  Oregon  and  what  wages  are  un- 
reasonably low  for  any  such  minor  workers. 

Sec.  5. — ^Said  Commission  shall  have  full  power  and 
authority  to  investigate  and  ascertain  the  wages  and 
the  hours  of  labor  and  the  conditions  of  labor  of  women 
and  minors  in  the  different  occupations  in  which  they 
are  employed  in  the  State  of  Oregon;  and  said  Com- 
mission shall  have  full  power  and  authority,  either 
through  any  authorized  representative  or  any  Commis- 


249 

sioner  to  inspect  and  examine  any  and  all  books  and  pay- 
rolls and  other  records  of  any  employer  of  women  or 
minors  that  in  any  way  appertain  to  or  have  a  bearing 
upon  the  questions  of  wages  or  hours  of  labor  or  condi- 
tions of  labor  of  any  such  women  workers  or  minor 
workers  in  any  of  said  occupations  and  to  require  fronr 
any  such  employer  full  and  true  statements  of  the  wages 
paid  to  and  the  hours  of  labor  of  and  the  conditions  of 
labor  of  all  women  and  minors  in  his  employment. 

Sec.  6. — Every  employer  of  women  or  minors  shall 
keep  a  register  of  the  names  of  all  women  and  all  minors 
employed  by  him,  and  shall,  on  request,  permit  any  Com- 
missioner or  any  authorized  representative  of  said  Com- 
mission to  inspect  and  examine  such  register.  The  word 
*' minor,''  as  used  in  this  Act,  refers  to  and  means  any 
person  of  either  sex  under  the  age  of  eighteen  years; 
•and  the  word  ^Voman,"  as  used  in  this  Act,  refers  to 
and  means  a  female  person  of  or  over  the  age  of  eighteen 
years. 

Sec.  7. — Said  Commission  may  hold  meetings  for  the 
transaction  of  any  of  its  business  at  such  times  and 
places  as  it  may  prescribe;  and  said  Commission  may 
hold  public  hearings  at  such  times  and  places  as  it  deems 
fit  and  proper  for  the  purpose  of  investigating  any  of 
the  matters  it  is  authorized  to  investigate  by  this  Act. 
At  any  such  public  hearing  any  person  interested  in  the 
matter  being  investigated  may  appear  and  testify.  Said 
Commission  shall  have  power  to  subpoena  and  compel 
the  attendance  of  any  witness  at  any  such  public  hear- 
ing or  at  any  session  of  any  conference  called  and  held 
as  hereinafter  provided;  and  any  Commissioner  shall 
have  power  to  administer  an  oath  to  any  witness  who  tes- 
tifies at  any  such  public  hearing  or  at  any  such  session  of 
any  conference.  All  witnesses  subpoenaed  by  said  Com- 
mission shall  be  paid  the  same  mileage  and  per  diem  as 
are  allowed  by  law  to  witnesses  in  civil  cases  before  the 
Circuit  Court  of  Multnomah  County. 

Sec.  8. — If,  after  investigation,  said  Commission  is 


250 

of  opinion  that  any  substantial  number  of  women  work- 
ers in  any  occupation  are  working  for  unreasonably 
long  hours  or  are  working  under  surroundings  or  con- 
ditions detrimental  to  their  health  or  morals  or  are  re- 
ceiving wages  inadequate  to  supply  them  with  the  neces- 
sary cost  of  living  and  maintain  them  in  health,  said 
Commission  may  call  and  convene  a  conference  for  the 
purpose  and  with  the  powers  of  considering  and  inquir- 
ing into  and  reporting  on  the  subject  investigated  by 
said  Commission  and  submitted  by  it  to  such  confer- 
ence. Such  conference  shall  be  composed  of  not  more 
than  three  representatives  of  the  employers  in  said  oc- 
cupation and  of  an  equal  number  of  the  representatives 
of  the  employes  in  said  occupation  and  of  not  more  than 
three  disinterested  persons  representing  the  public  and 
of  one  or  more  Commissioners.  Said  Commission  shall 
name  and  appoint  all  the  members  of  such  conference 
and  designate  the  chairman  thereof.  Said  Commission 
shall  present  to  such  conference  all  information  and  evi- 
dence in  the  possession  or  under  the  control  of  said  Com- 
mission which  relates  to  the  subject  of  the  inquiry  by 
such  conference;  and  said  Commission  shall  cause  to  be 
brought  before  such  conference  any  witnesses  whose  tes- 
timony said  Commission  deems  material  to  the  subject 
of  the  inquiry  by  such  conference.  After  completing  its 
consideration  of  and  inquiry  into  the  subject  submitted 
to  it  by  said  Commission,  such  conference  shall  make  and 
transmit  to  said  Commission  a  report  containing  the 
findings  and  recommendations  of  such  conference  on  said 
subject.  Accordingly  as  the  subject  submitted  to  it  may 
require,  such  conference  shall,  in  its  report,  make  recom- 
mendations on  any  or  all  of  the  following  questions  con- 
cerning the  particular  occupation  under  inquiry,  to-wit: 
(a)  Standards  of  hours  of  employment  for  women 
workers  and  what  are  unreasonably  long  hours  of 
employment  for  women  workers;  (h)  Standards  of  con- 
ditions of  labor  for  women  workers  and  what  surround- 
ings or  conditions — sanitary  or  otherwise — are  detri- 
mental to  the  health  or  morals  of  woman  workers;  (c) 
Standards  of  minimum  wages  for  women  workers  and 


251 

what  wages  are  inadequate  to  supply  the  necessary  cost 
of  living  to  women  workers  and  maintain  them  in  health. 
In  its  recommendations  on  a  question  of  wages  such  con- 
ference shall,  where  it  appears  that  any  substantial  num- 
ber of  women  workers  in  the  occupation  under  inquiry 
are  being  paid  by  piece  rates  as  distinguished  from  time 
rate  recommend  minimum  piece  rates  as  well  as  mini- 
mum time  rate  and  recommend  such  minimum  piece  rates 
as  will  in  its  judgment  be  adequate  to  supply  the  neces- 
sary cost  of  living  to  women  workers  of  average  ordi- 
nary ability  and  maintain  them  in  health;  and  in  its 
recommendations  on  a  question  of  wages  such  confer- 
ence shall,  when  it  appears  proper  or  necessary,  recom- 
mend suitable  minimum  wages  for  learners  and  appren- 
tices and  the  maximum  length  of  time  any  woman  worker 
may  be  kept  at  such  wages  as  a  learner  or  apprentice, 
which  said  wages  shall  be  less  than  the  regular  minimum 
wages  recommended  for  the  regular  women  workers  in 
the  occupation  under  inquiry.  Two-thirds  of  the  mem- 
bers of  any  such  conference  shall  constitute  a  quorum: 
and  the  decision  or  recommendation  or  report  of  such  a 
two-thirds  on  any  subject  submitted  shall  be  deemed  the 
decision  or  recommendations  or  report  of  such  confer- 
ence. 

Sec.  9. — Upon  receipt  of  any  report  from  any  confer- 
ence said  Commission  shall  consider  and  review  the 
recommendations  contained  in  said  report;  and  said 
Commission  may  approve  any  or  all  of  said  recommen- 
dations or  disapprove  any  or  all  of  said  recommenda- 
tions; and  said  Commission  may  re-submit  to  the  same 
conference  or  a  new  conference  any  subject  covered  by 
any  recommendations  so  disapproved.  If  said  Commis- 
sion approves  any  recommendations  contained  in  any 
report  from  any  conference,  said  Commissioii  shall  pub- 
lish notice,  not  less  than  once  a  week  for  four  succes- 
sive weeks  in  not  less  than  two  newspapers  of  general 
circulation  published  in  Multnomah  County,  that  it  will 
on  a  date  and  at  a  place  named  in  said  notice  hold  a 
public  meeting  at  which  all  persons  in  favor  of  or  op- 


252 

posed  to  said  recominendations  will  be  given  a  hearing; 
and,  after  said  publication  of  said  notice  and  said  meet- 
ing, said  Commission  may,  in  its  discretion,  make  and 
render  such  an  order  as  may  be  proper  or  necessary  to 
adopt  such  recommendations  and  carry  the  same  into 
effect  and  require  all  employers  in  the  occupation  af- 
fected thereby  to  observe  and  comply  with  such  recom- 
mendations and  said  order.  Said  order  shall  become 
effective  in  sixty  days  after  it  is  made  and  rendered 
and  shall  be  in  full  force  and  effect  on  and  after  the 
sixtieth  day  following  its  making  and  rendition.  After 
said  order  becomes  effective  and  while  it  is  effective, 
it  shall  be  unlawful  for  any  employer  to  violate  or  dis- 
regard any  of  the  terms  or  provisions  of  said  order  or 
to  employ  any  woman  worker  in  any  occupation  covered 
by  said  order  for  longer  hours  or  under  different  sur- 
roundings or  conditions  or  at  lower  wages  than  are 
authorized  or  permitted  by  said  order.  Said  Commis- 
sion shall,  as  far  as  is  practicable,  mail  a  copy  of 
any  such  order  to  every  employer  affected  there- 
by; and  every  employer  affected  by  any  such  order 
shall  keep  a  copy  thereof  posted  in  a  conspicuous 
place  in  each  room  in  his  establishment  in  which 
women  workers  work.  No  such  order  of  said  Commis- 
sion shall  authorize  or  permit  the  employment  of  any 
woman  for  more  hours  per  day  or  per  week  than  the 
maximum  now  fixed  by  law;  provided,  however,  that  in 
case  of  emergencies  which  may  arise  in  the  conduct  of 
any  industry  or  occupation  overtime  may  be  permitted 
under  conditions  and  rules  which  the  Commission  after 
investigation  shall  determine  and  prescribe  by  order  and 
which  shall  apply  equally  to  all  employers  in  such  indus- 
try or  occupation.     [As  amended  by  Acts  of  1915.] 

Sec.  10. — For  any  occupation  in  which  only  a  mini- 
mum time  rate  wage  has  been  established,  said  Commis- 
sion may  issue  to  a  woman  physically  defective  or  crip- 
pled by  age  or  otherwise  a  special  Jicense  authorizing 
her  employment  at  such  wage  less  than  said  minimum 


253 

time  rate  wage  as  shall  be  fixed  by  said  Commission  and 
stated  in  said  license. 

Sec.  11. — Said  Commission  may  at  any  time  inquire 
into  wages  or  hours  or  conditions  of  labor  of  minors 
employed  in  any  occupation  in  the  State  and  determine- 
suitable  wages  and  hours  and  conditions  of  labor  for 
such  minors.  When  said  Commission  has  made  such 
determination,  it  may  issue  an  obligatory  order  in  the 
manner  provided  for  in  Section  9  of  this  Act ;  and,  after 
such  order  is  effective,  it  shall  be  unlawful  for  any  em- 
ployer in  said  occupation  to  employ  a  minor  at  less 
wages  or  for  more  hours  or  under  different  conditions 
of  labor  than  are  specified  or  required  in  or  by  said 
order;  but  no  such  order  of  said  Commission  shall 
authorize  or  permit  the  employment  of  any  minor  for 
more  hours  per  day  or  per  week  than  the  maximum  now 
fixed  by  law  or  at  any  times  or  under  any  conditions 
now  prohibited  by  law. 

Sec.  12. — The  word  *^ occupation'^  as  used  in  this  Act 
shall  be  so  construed  as  to  include  any  and  every  voca- 
tion and  pursuit  and  trade  and  industry.  Any  confer- 
ence may  make  a  separate  inquiry  into  and  report  on 
any  branch  of  any  occupation ;  and  said  Commission  may 
make  a  separate  order  affecting  any  branch  of  any  occu- 
pation. Any  conference  may  make  different  recommen- 
dations and  said  Commission  may  make  different  orders 
for  the  same  occupation  in  different  localities  in  the 
State  when,  in  the  judgment  of  such  conference  or  said 
Commission,  different  conditions  in  different  localities 
justify  such  different  recommendations  or  different 
orders. 

Sec.  13. — Said  Commission  shall,  from  time  to  time, 
investigate  and  ascertain  whether  or  not  employers  in 
the  State  of  Oregon  are  observing  and  complying  with 
its  orders  and  take  such  steps  as  may  be  necessary  to 
have  prosecuted  such  employers  as  are  not  observing 
or  complying  with  its  orders. 

Sec.  14. — The  ^  *  Commissioner  of  Labor  Statistics  and 


254 

Inspector  of  Factories  and  Work  Shops ' '  and  the  several 
officers  of  the  ''Board  of  Inspection  of  Child  Labor'' 
shall,  at  any  and  all  times,  give  to  said  Commission  any 
information  or  statistics  in  their  respective  offices  that 
would  assist  said  Commission  in  carrying  ont  this  Act 
and  render  such  assistance  to  said  Commission  as  may 
not  be  inconsistent  with  the  performance  of  their  respec- 
tive official  duties. 

Sec.  15. — ^Said  Commission  is  hereby  authorized  and 
empowered  to  prepare  and  adopt  and  promulgate  rules 
and  regulations  for  the  carrying  into  effect  of  the  fore- 
going provisions  of  this  Act,  including  rules  and  regula- 
tions for  the  selection  of  members  and  the  mode  of  pro- 
cedure of  conferences. 

Sec.  16. — ^All  questions  of  fact  arising  under  the  fore- 
going provisions  of  this  Act  shall,  except  as  otherwise 
herein  provided,  be  determined  by  said  Commission,  and 
there  shall  be  no  appeal  from  the  decision  of  said  Com- 
mission on  any  such  question  of  fact;  but  there  shall  be 
a  right  of  appeal  from  said  Commission  to  the  Circuit 
Court  of  the  State  of  Oregon  for  Multnomah  County 
from  any  ruling  or  holding  on  a  question  of  law  included 
in  or  embodied  in  any  decision  or  order  of  said  Commis- 
sion, and,  on  the  same  question  of  law,  from  said  Cir- 
cuit Court  to  the  Supreme  Court  of  the  State  of  Ore- 
gon. In  all  such  appeals  the  Attorney  General  shall  ap- 
pear for  and  represent  said  Commission. 

Sec.  17. — ^Any  person  who  violates  any  of  the  fore- 
going provisions  of  this  Act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  ($25.00) 
dollars  nor  more  than  one  hundred  ($100.00)  dollars  or 
by  imprisonment  in  the  county  jail  for  not  less  than  ten 
days  nor  more  than  three  months  or  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 

Sec.  18. — ^Any  employer  who  discharges  or  in  any 
other  manner  discriminates  against  any  employe  be- 
cause such  employe  has  testified,  or  is  about  to  testify. 


255 

or  'because  sucli  employer  believes  that  such  employe 
may  testify,  in  any  investigation  or  proceedings  under 
or  relative  to  this  Act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  ($25.00)  dollars  nor 
more  than  one  hundred  ($100.00)  dollars. 

Sec.  19. — If  any  woman  worker  shall  be  paid  by  her 
employer  less  than  the  minimum  wage  to  which  she  is 
entitled  under  or  by  virtue  of  an  order  of  said  Commis- 
sion, she  may  recover  in  a  civil  action  the  full  amount 
of  her  said  minimum  wage  less  any  amount  actually 
paid  to  her  by  said  employer,  together  with  such  attor- 
neys' fees  as  may  be  allowed  by  the  court;  and  anv 
agreement  for  her  to  work  for  less  than  such  minimum 
wage  shall  be  no  defense  to  such  action. 

Sec.  20. — ^Said  Commission  shall,  on  or  before  the 
first  day  of  January  of  the  year  1915  and  of  each  second 
year  thereafter,  make  a  succinct  report  to  the  Governor 
and  Legislature  of  its  work  and  the  proceeding  under 
this  Act  during  the  preceding  two  years. 

Sec.  21. — There  is  hereby  appropriated  out  of  the 
general  fund  of  the  State  of  Oregon  the  sum  of  thirty- 
five  hundred  ($3,500)  dollars  per  annum,  or  so  much 
thereof  as  may  be  necessary  per  annum,  to  carry  into 
effect  the  provisions  of  this  Act  and  to  pay  the  expenses 
and  expenditures  authorized  by  or  incurred  under  this 
Act. 

[Filed  in  the  office  of  Secretary  of  State,  February 
17,  1913.] 


Amended  in  1917.     (Chapter  163.) 

iSection  1. — ^The  hours  of  work  may  be  so  arranged 
as  to  permit  the  employment  of  females  at  any  one  time 
so  that  they  shall  not  work  more  than  ten  hours  during 
the  twenty-four  hours  of  one  day  or  sixty  hours  during" 


256 

any  one  week.  Provided,  however,  that  the  provisions  of 
this  section  in  relation  to  the  hours  of  employment  shall 
not  apply  to  nor  affect  females  employed  in  harvesting, 
packing,  curing,  canning  or  drying  any  variety  of  perish- 
able fruit,  vegetable  or  fish.  Provided  further,  they  be 
paid  time  and  a  half  for  time  over  ten  hours  per  day 
when  employed  in  canneries  or  driers  or  packing  plants. 
Provided  also  that  piece  workers  shall  be  paid  one  and 
a  half  the  regular  prices  for  all  work  done  during  the 
time  they  are  employed  over  ten  hours  a  day. 

Section  2. — That  Chapter  62*  of  the  laws  of  Oregon 
for  the  year  1913  and  Chapter  35*  of  the  laws  of  Oregon 
for  the  year  1915  in  so  far  as  they  confer  authority  upon 
the  Industrial  Welfare  Commission  to  regulate  the  hours 
of  employment  for  women  engaged  in  harvesting,  pack- 
ing, curing,  canning  or  drying  any  variety  of  perishable 
fruit,  vegetables,  or  fish,  are  hereby  repealed. 

•Industrial  Welfare  Commission  Law. 


257 
Texas. 

Enacted  in  1919.    (Chapter  160.) 

An  Act  regulating  the  employment  of  women  and 
minors  and  establishing  an  Industrial  Welfare 
Commission  to  investigate  and  deal  with  such  em- 
ployment, including  the  fixing  of  a  minimum  wage ; 
providing  for  an  appropriation  therefor,  and  fix- 
ing penalties  for  violating  this  act,  and  declaring 
an  emergency. 

Be  it  enacted  hy  the  Legislature  of  the  State  of 
Texas: 

Section  1. — There  is  hereby  established  a  commis- 
sion to  be  known  as  the  Industrial  Welfare  Commission, 
hereinafter  called  the  Commission.  Said  Commission 
shall  be  composed  of  three  persons  as  follows :  The  head 
of  the  Bureau  of  Labor  Statistics,  who  shall  be  chair- 
man of  the  Commission,  the  representative  of  employers 
of  labor  on  the  Industrial  Accident  Board,  and  the  State 
Superintendent  of  Public  Instruction.  Two  members 
of  the  Commission  shall  constitute  a  quorum,  the  con- 
currence of  two  members  shall  be  necessary  to  determine 
any  question  that  may  arise  for  decision,  and  a  vacancy 
on  the  Commission  shall  not  impair  the  right  of  the 
remaining  members  to  perform  all  the  duties  and  exer- 
cise all  the  powers  and  authority  of  the  Commission. 

Sec.  2. — The  Commission  may  employ  a  secretary 
and  two  (2)  investigators  to  carry  out  the  purpose  of  this 
Act,  and  shall  fix  the  compensation  of  such  employees, 
not  to  exceed  the  sum  of  $1,800  per  annum  for  each  one, 
and  all  necessary  traveling  expenses,  within  the  appro- 
priation made  therefor. 

Sec.  3.  (a)  It  shall  be  the  duty  of  the  Commission 
to  ascertain  the  wages  paid,  the  hours  and  conditions  of 
labor  and  employment  in  the  various  occupations,  trades, 
and  industries  in  which  women  and  minors  are  employed 
in  the  State  of  Texas,  and  to  make  investigations  into 


258 

the  comfort,  health,  safety  and  welfare  of  such  women 
and  minors. 

(b)  It  shall  be  the  duty  of  every  person,  firm  and 
corporation  employing  labor  in  this  State: 

1. — To  furnish  to  the  Commission,  at  its  request,  any 
and  all  reports  or  information  which  the  Commission 
may  require  pertaining  to  the  working  conditions  and 
wages  paid  women  and  minors  to  carry  out  the  purpose 
of  this  Act;  such  reports  and  information  to  be  verified 
by  the  oath  of  the  person,  or  a  member  of  the  firm,  or 
the  president,  secretary,  or  manager  of  the  corporation 
furnishing  the  same,  if  and  when  requested  by  the  Com- 
mission or  any  member  thereof. 

2. — To  allow  any  member  of  the  Commission,  or  its 
secretary  or  any  of  its  duly  authorized  employees,  free 
access  to  the  place  of  business  or  employment  of  such 
person,  firm,  or  corporation,  for  the  purpose  of  making 
an  investigation  authorized  by  this  Act,  relating  to  the 
working  conditions  and  wages  of  women  and  minors. 

3. — To  keep  a  register  of  the  names,  ages  and  resi- 
dence addresses  of  all  women  and  minors  employed. 

(c)  For  the  purpose  of  this  Act,  a  minor  is  defined 
to  be  a  person  of  either  sex  under  the  age  of  fifteen 
years. 

Sec.  4.J— The  Commission  may  specify  times  to  hold 
public  hearings,  at  which  time  employers,  employees  or 
other  interested  persons  may  appear  and  give  testimony 
as  to  the  matter  under  consideration.  The  Commission 
or  any  member  thereof,  or  the  secretary  or  any  investi- 
gator employed  by  said  Commission,  shall  have  power 
to  subpoena  witnesses  and  to  administer  oaths.  All  wit- 
nesses subpoenaed  by  the  Commission  shall  be  paid  the 
fee  and  mileage  fixed  by  law  in  civil  cases.  In  case  of 
failure  on  the  part  of  any  person  to  comply  with  any 
order  of  the  Commission  or  any  member  thereof  or  any 
subpoena,  or  upon  the  refusal  of  any  witness  to  testify 
to  any  matter  regarding  which  he  may  lawfully  be  inter- 
rogated before  any  wage  board  or  the  Commission,  it 


259 

shall  be  the  duty  of  any  district  court  or  the  judge  there- 
of, to  whom  application  is  made,  on  the  application  of  a 
member  of  the  Commission,  to  compel  obedience  in  the 
same  manner,  by  contempt  proceedings  or  otherwise, 
that  such  obedience  would  be  compelled  in  a  proceeding 
pending  before  said  court.  The  Commission  shall  have 
power  to  make  and  enforce  reasonable  and  proper  rules 
of  practice  and  procedure  and  shall  not  be  bound  by 
technical  rules  of  evidence. 

Sec.  5. — The  Commission  shall  have  further  power, 
after  a  public  hearing  before  any  member  of  the  Com- 
mission, or  before  any  investigator  employed  by  said 
Commission,  and  upon  its  own  motion  or  upon  petition, 
to  fix: 

1.  A  minimum  wage  to  be  paid  to  women  and  minors 
engaged  in  any  occupation,  trade  or  industry  in  this 
State,  which  shall  not  be  less  than  a  wage  adequate  to 
supply  such  women  and  minors  the  necessary  cost  of 
proper  living  and  to  maintain  the  health  and  welfare  of 
such  women  and  minors. 

2. — The  standard  conditions  of  labor  demanded  by 
the  health  and  welfare  of  the  women  and  minors  engaged 
in  any  occupation,  trade  or  industry  in  this  State. 

(b)  Upon  the  fixing  of  a  time  and  place  for  the  hold- 
ing of  a  hearing  for  the  purpose  of  considering  and  act- 
ing upon  any  matters  referred  to  in  subsection  (a)  here- 
of, the  Commission  shall  give  public  notice  by  advertise- 
ment in  at  least  one  newspaper  published  in  the  county 
where  the  hearing  is  to  be  held,  and  by  mailing  a  copy 
of  said  notice  to  the  county  clerk  of  such  county  where 
the  hearing  is  to  be  held,  and  to  the  individual,  firm,  or 
corporation,  to  be  investigated,  which  notice  shall  state 
the  time  and  place  of  such  hearing  to  be  held  which  shall 
not  be  earlier  than  ten  days  from  the  date  of  publishing 
and  mailing  such  notice. 

(c)  After  such  public  hearing  the  Commission  may, 
in  its  discretion,  make  a  mandatory  order  to  be  effective 
in  sixty  days  from  the  making  of  such  order,  specifying 


260 

the  minimum  wage  for  women  and  minors  in  the  occu- 
pation in  question  and  the  standard  conditions  of  labor 
for  said  women  and  minors :  provided,  however,  that  no 
such  order  shall  become  effective  until  November  1,  1919. 
Such  order  shall  be  published  in  at  least  one  news- 
paper in  the  cities  of  Dallas,  Houston,  San  Antonio, 
Fort  Worth,  El  Paso  and  Austin;  and  a  copy  thereof 
mailed  to  the  county  clerk  of  each  county  in  the  State, 
and  such  copy  shall  be  recorded  without  charge,  and 
copies  shall  be  mailed  to  each  employer  in  the  occupa- 
tion in  question,  and  each  employer  in  the  occupation 
in  question  shall  be  required  to  post  a  copy  of  such 
order  in  a  conspicuous  place  in  the  building  in  which 
the  women  or  minors  affected  by  the  order  are  employed. 
Failure  of  the  employer  to  receive  such  notice  shall  not 
relieve  the  employer  from  the  duty  to  comply  with  such 
order.  Finding  by  the  Commission  that  there  has  been 
such  publication  and  mailing  to  the  county  clerk  shall 
be  conclusive  to  the  service. 

Sec.  6. — Whenever  wages  or  conditions  of  labor  have 
been  so  made  mandatory  in  any  occupation,  trade  or 
industry,  the  Commission  may  at  any  time  in  its  discre- 
tion upon  its  own  motion  or  upon  petition  of  either 
employers  or  employees,  after  a  public  hearing  held 
upon  the  notice  prescribed  for  an  original  hearing, 
rescind,  alter  or  amend  any  prior  order.  Any  order 
rescinding  a  prior  order  shall  have  the  same  effects  as 
herein  provided  for  in  an  original  order. 

Sec.  7. — For  any  occupation  in  which  a  minimum 
wage  has  been  established,  the  Commission  may  issue 
to  any  person  subject  to  this  Act,  a  special  license 
authorizing  the  employment  of  such  person  for  a  period 
of  six  months  for  a  wage  less  than  such  legal  minimum 
wage;  and  the  Commission  shall  fix  a  special  minimum 
wage  for  such  person;  provided  that  at  no  time  shall* 
the  special  licenses  exceed  ten  per  cent  of  the  total  num- 
ber of  employees  in  said  industry.  Any  such  license 
may  be  renewed  for  a  like  period  of  six  months. 


261 

Sec.  8. — Upon  the  request  of  the  Commission,  the 
Labor  Commissioner  shall  cause  such  statistics  and  other 
data  and  information  to  be  gathered  and  investigation 
made,  as  the  Commission  may  require  pertaining  to  the 
wages  and  working  conditions  of  women  and  minors. 

Sec.  9. — ^Any  employer  who  discharges,  or  threatens 
to  discharge,  or  in  any  other  manner  discriminates 
against  any  employee  because  such  employee  has  testi- 
fied, or  is  about  to  testify,  or  because  such  employer 
believes  that  said  employee  may  testify  in  any  investi- 
gation or  proceeding  relative  to  the  enforcement  of  this 
Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
upon  conviction  be  punished  by  a  fine  of  not  less  than 
ten  ($10)  dollars  nor  more  than  one  hundred  ($100) 
dollars,  or  by  imprisonment  in  the  county  jail  of  not 
more  than  thirty  days,  or  by  both  such  fine  and  impris- 
onment. 

Sec.  10. — The  minimum  wage  for  women  and  minors 
fixed  by  said  Commission  as  in  this  Act  provided,  shall 
be  the  minimum  wage  paid  to  such  employees,  and  the 
payment  to  such  employees  of  a  less  wage  than  the  mini- 
mum wage  so  fixed  shall  be  unlawful,  and  every  employer 
or  other  person  who,  either  individually  or  as  an  officer, 
agent  or  employee  of  a  corporation  or  other  person, 
pays  or  causes  to  be  paid  to  any  such  employee  a  wage 
less  than  such  minimum  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shaU  be  punished 
by  a  fine  of  not  less  than  ten  ($10)  dollars  nor  more 
than  one  hundred  ($100)  dollars,  or  by  imprisonment 
of  not  more  than  thirty  days  in  the  county  jail,  or  by 
both  such  fine  and  imprisonment. 

Sec.  11. — In  every  prosecution  for  the  violation  of 
any  provision  of  this  Act  the  minimum  wage  estab- 
lished by  the  Commission  as  herein  provided,  shall  be 
prima  facie  presumed  to  be  reasonable  and  lawful,  and 
to  be  the  living  wage  required  herein  to  be  paid  women 
and  minors.  The  finding  of  facts  made  by  the  Commis- 
sion acting  within  its  powers  shall,  in  the  absence  of 


262 

fraud,  be  conclusive;  and  the  determinations  made  by 
the  Commission  shall  be  subject  to  review  only  in  a  man- 
ner and  upon  the  grounds  following ;  Within  thirty  days 
from  the  date  of  determination,  any  party  aggrieved 
thereby  may  commence  action  in  the  district  court  in  and 
for  the  county  in  which  the  aggrieved  party  resides,  or 
in  the  district  court  of  Travis  County,  against  the  Com- 
mission for  review  of  such  determination.  In  such  action 
a  complaint  which  shall  state  the  grounds  upon  which 
a  review  is  sought  shall  be  served  with  the  summons, 
service  upon  the  secretary  of  the  Commission  or  upon 
any  member  of  the  Commission,  shall  be  deemed  a  com- 
plete service.  The  Commission  shall  file  its  answer 
within  twenty  days  after  the  service  of  the  complaint. 
With  its  answer,  the  Commission  shall  make  a  return 
to  the  court  of  all  documents  and  papers  on  file  in  the 
matter,  and  of  all  testimony  and  evidence  which  may 
have  been  taken  before  it  and  of  its  findings  and  deter- 
minations in  the  matter.  The  action  may  thereupon  be 
brought  on  for  hearing  before  the  court  upon  such  rec- 
ord by  either  party  on  ten  days'  notice  to  the  other. 
Upon  such  hearing  the  court  may  confirm  or  set  aside 
such  determination,  but  the  same  shall  be  set  aside  only 
upon  the  following  grounds : 

(1)  That  the  Commission  acted  without  or  in  excess 
of  its  powers,  or  on  insufficient  grounds. 

(2)  That  the  determination  was  procured  by  fraud. 

Upon  the  setting  aside  of  any  determination  the 
court  may  recommit  the  controversy  and  remand  the 
record  in  the  case  to  the  Commission  for  further  pro- 
ceedings. The  Commission  or  any  party  aggrieved,  by 
a  decree  entered  upon  the  review  of  a  determination, 
may  appeal  therefrom  within  the  time  and  in  the  man- 
ner provided  for  an  appeal  from  the  orders  of  the  said 
district  court. 

Sec.  12. — ^Any  employee  receiving  less  than  the  mini- 
mum wage  applicable  to  such  employee  shall  be  entitled 


263 

to  recover  in  a  civil  action  the  unpaid  balance  of  the  full 
amount  of  such  minimum  wage,  together  with  costs  of 
suit,  and  an  additional  amount  for  attorneys'  fees  not- 
withstanding any  agreement  to  work  for  such  lesser 
wage. 

Sec.  13. — ^Any  person  or  persons  for  whom  the  Com- 
mission may  have  established  a  living  wage  may  reg- 
ister a  complaint  with  the  Commission  that  the  wages 
paid  to  him  or  them  are  less  than  that  rate,  and  the 
Commission  shall  thereupon  investigate  the  matter  and 
take  all  proceedings  necessary  to  enforce  the  payment 
of  such  established  wage. 

Sec.  14. — The  Commission  shall  biennially  make  a 
report  to  the  Grovernor  and  the  State  Legislature  of  its 
investigations  and  proceedings. 

iSec.  15. — There  is  hereby  appropriated  out  of  the 
moneys  of  the  State  Treasury,  not  otherwise  appropri- 
ated, the  sum  of  five  thousand  ($5,000)  dollars,  or  so 
much  thereof  as  may  be  necessary,  to  be  used  by  the 
Commission  in  carrying  out  the  provisions  of  this  Act 
to  August  31,  1919,  and  the  Comptroller  is  hereby  di- 
rected from  time  to  time  to  draw  warrants  upon  presen- 
tation of  properly  itemized,  verified  and  approved  vouch- 
ers on  the  general  fund  in  favor  of  the  Commission  for 
the  amounts  expended  under  its  direction,  and  the  treas- 
urer is  hereby  authorized  and  directed  to  pay  the  same. 

Sec.  16. — The  Commission  shall  not  act  as  a  board 
of  arbitration  during  a  strike  or  a  lockout. 

Sec.  17.  (a)  Whenever  this  Act,  or  any  part  or 
section  thereof  is  interpreted  by  a  court,  it  shall  be  lib- 
erally construed  by  such  court. 

(b)  If  any  section,  or  subsection  or  subdivision  of 
this  Act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  remain- 
ing portions  of  this  Act.  The  Legislature  hereby  de- 
clares that  it  would  have  passed  this  Act,  and  each  sec- 
tion, subsection,  subdivision,  sentence,  clause  and  phrase 


264 

thereof;  irrespective  of  the  fact  that  any  one  or  more 
sections,  subsections,  subdivisions,  sentences,  or  clauses 
or  phrases  is  declared  unconstitutional. 

Sec.  18. — The  provisions  of  this  Act  shall  apply  to 
and  include  women  and  minors  employed  in  any  occu- 
pation, trade  or  industry  and  whose  compensation  for 
labor  is  measured  by  time,  piece  or  otherwise,  except 
those  engaged  as  domestic  servants,  nurses,  student 
nurses,  farm  or  ranch  labor  and  students  in  schools  and 
colleges  while  actually  attending  such  schools  and  col- 
leges during  their  session  or  in  vacation  and  who  are 
working  their  way  through  such  school  or  college,  either 
in  whole  or  in  part. 

Sec.  19. — The  fact  that  there  is  now  no  law  covering 
this  matter  and  that  the  welfare  of  the  women  and  min- 
ors of  Texas  demand  suitable  legislation  creates  an 
emergency  and  an  imperative  public  necessity  requiring 
that  the  constitutional  rule  requiring  bills  to  be  read  on 
three  several  days  be  suspended  and  the  same  is  hereby 
suspended,  and  that  this  Act  shall  take  effect  from  and 
after  the  date  of  its  passage,  and  it  is  so  enacted. 

[Approved  April  3,  1919.] 


265 

Utah. 

Enacted  m  1913.  (Chapter  63.)  Amended  in  191T. 
(Chapter  49.) 

An  Act  to  establish  a  minimum  wage  for  female  wort:- 
ers,  providing  a  penalty  for  violation  of  the  pro- 
visions of  this  act,  and  providing  for  its  enforce- 
ment. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1. — It  shall  be  unlawful  for  any  regular 
employer  of  female  workers  in  the  State  of  Utah  to  pay 
any  woman  (female)  less  than  the  wage  in  this  section 
specified,  to  wit: 

For  minors,  under  the  age  of  eighteen  years,  not  less 
than  seventy-five  cents  per  day;  for  adult  learners  and 
apprentices  not  less  than  ninety  cents  per  day;  provided, 
that  the  learning  period  or  apprenticeship  shall  not  ex- 
tend for  more  than  one  year;  for  adults  who  are  expe- 
rienced in  the  work  they  are  employed  to  perform,  not 
less  than  one  dollar  and  twenty-five  cents  per  day. 

Sec.  2. — ^All  regular  employers  of  female  workers 
shall  give  a  certificate  of  apprenticeship  for  time  served 
to  all  apprentices. 

Sec.  3. — ^Any  regular  employer  of  female  workers 
who  shall  pay  to  any  woman  (female)  less  than  the  wage 
specified  in  Section  1  of  this  act,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  4. — ^Eepealed. 

[Approved  March  18th,  1913.] 

Session  Laws,  1917.  (Chapter  49.)  A^nended  in  1919. 
(Chapter  63.)  An  Act  Creating  the  Industrial 
Commission  of  Utah. 

Section  3Q76. — It  shall  also  be  the  duty  of  the  com- 
mission, and  it  shall  have  full  power,  jurisdiction,  and 
authority : 

1.  To  administer  and  enforce  all  laws  for  the  protec- 
tion of  life,  health,  safety,  and  welfare  of  employes. 

Sec.  3094.— [As  amended,  1919,  Ch.  63.]     Every  em- 


266 

ployer  shall  fumish  the  oommissioii,  upon  request,  all 
information  required  by  it  to  carry  out  the  purpose  of 
this  title.  In  the  month  of  July  of  each  year,  every  em- 
ployer shall  prepare  and  mail  to  the  commission  at  the 
state  capitol.  Salt  Lake  City,  Utah,  a  statement  contain- 
ing the  following  information,  viz;  The  number  of  em- 
ployes employed  during  the  preceding  year  from  July 
1  to  June  30,  inclusive ;  the  number  of  such  employes 
employed  at  each  kind  of  employment;  and  the  scale  of 
wages  paid  to  each  class  of  employment,  showing  the 
minimum  and  maximum  wage  paid,  and  the  aggregate 
amount  of  wages  paid  to  all  employes ;  which  informa- 
tion shall  be  furnished  on  a  blank  or  blanks  to  be  pre- 
pared by  the  commission ;  and  it  shall  be  the  duty  of  the 
commission  to  furnish  such  blanks  to  employers  free 
of  charge,  upon  request  therefor.  Every  employer  shall 
cause  said  blanks  to  be  properly  filled  out  so  as  to  an- 
swer fully  and  correctly  all  questions  therein  propound- 
ed, and  to  give  all  the  information  therein  sought,  or 
if  unable  to  do  so,  he  shall  give  to  the  commission,  in 
writing,  good  and  sufficient  reasons  for  such  failure. 
The  commission  may  require  the  information  herein  re- 
quired to  be  furnished  to  be  certified  under  oath  and  re- 
turned to  the  commission  within  the  period  fixed  by  it 
or  by  law.  The  commission,  or  any  member  thereof,  or 
any  person  employed  by  the  commission  for  that  pur- 
pose, shall  have  the  right  to  examine,  under  oath,  any  em- 
ployer, or  the  officer,  agent,  or  employee  thereof,  for 
the  purpose  of  ascertaining  any  information  which  such 
employer  is  required  by  this  title  to  furnish  to  the  com- 
mission. Any  employer  who  shall  refuse  to  furnish  to 
the  commission  the  annual  statement  herein  required, 
or  who  shall  refuse  to  furnish  such  other  information 
as  may  be  required  by  the  commission  under  authority 
of  this  section,  or  who  shall  wilfully  furnish  a  false  or 
untrue  statement,  shall  be  liable  to  a  penalty  of  not  to 
exceed  $500  for  each  offense,  to  be  collected  in  a  civil 
action  brought  against  said  employer  in  the  name  of  the 
state;  all  such  penalties,  when  collected,  shall  be  paid 
to  the  state  insurance  fund  hereinafter  provided  for. 
[Approved  March  18,  1913.] 


267 

Washington. 

Enacted  in  1913.  (Chapter  174.)  Amended  in  1915. 
(Chapter  68.) 

An  Act  to  protect  the  lives,  health,  morals  of  women  and 
minors,  workers,  establishing  an  industrial  wel- 
fare commission  for  women  and  minors,  prescrib- 
ing its  powers  and  duties,  and  providing  for  the 
fixing  of  minimum  wages  and  the  standard  condi- 
tion of  labor  for  such  workers  and  providing  pen- 
alties for  violation  of  the  same,  and  making  an 
appropriation  therefor. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Wash- 
ington: 

Section  1. — The  welfare  of  the  State  of  Washington 
demands  that  women  and  minors  be  protected  from  con- 
ditions of  labor  which  have  a  pernicious  effect  on  their 
health  and  morals.  The  State  of  Washington,  therefore, 
exercising  herein  its  police  and  sovereign  power  declares 
that  inadequate  wages  and  unsanitary  conditions  of 
labor  exert  such  pernicious  effect. 

Sec.  2. — It  shall  be  unlawful  to  employ  women  or 
minors  in  any  industry  or  occupation  within  the  State 
of  Washington  under  conditions  of  labor  detrimental  to 
their  health  or  morals;  and  it  shall  be  unlawful  to  em- 
ploy women  workers  in  any  industry  within  the  State  of 
Washington  at  wages  which  are  not  adequate  for  their 
maintenance. 

Sec.  3. — There  is  hereby  created  a  commission  to  be 
known  as  the  ** Industrial  Welfare  Commission'*  for  the 
State  of  Washington,  to  establish  such  standards  of 
wages  and  conditions  of  labor  for  women  and  minors 
employed  within  the  State  of  Washington,  as  shall  be 
held  hereunder  to  be  reasonable  and  not  detrimental  to 
health  and  morals,  and  which  shall  be  sufficient  for  the 
decent  maintenance  of  women. 

Sec.  4. — Said  commission  shall  be  composed  of  five 


268 

persons,  four  of  whom  shall  be  appointed  by  the  gov- 
ernor, as  follows :  The  first  appointments  shall  be  made 
within  thirty  (30)  days  after  this  act  takes  effect;  one 
for  the  term  ending  January  1st,  1914;  one  for  the  term 
ending  January  1st,  1915;  one  for  the  term  ending  Jan- 
uary 1st,  1916 ;  and  one  for  the  term  ending  January  1st, 
1917 :  Provided  J  however^  That  at  the  expiration  of  their 
respective  terms,  their  successors  shall  be  appointed  by 
the  governor  to  serve  a  full  term  of  four  years.  No  per- 
son shall  be  eligible  to  appointment  as  commissioner 
hereunder  who  is,  or  shall  have  been  at  any  time  within 
five  years  prior  to  the  date  of  such  appointment  a  mem- 
ber of  any  manufacturers'  or  employers'  association  or 
of  any  labor  union.  The  governor  shall  have  the  power 
of  removal  for  cause.  Any  vacancies  shall  be  filled  by 
the  governor  for  the  unexpired  portion  of  the  term  in 
which  the  vacancy  shall  occur.  The  Commissioner  of 
Labor  of  the  State  of  Washington  shall  be  eoo-officio 
member  of  the  commission.  Three  members  of  the  com- 
mission shall  constitute  a  quorum  at  all  regular  meet- 
ings and  public  hearings. 

Sec.  5. — The  members  of  said  commission  shall  draw 
no  salaries.  The  commission  may  employ  a  secretary, 
whose  salary  shall  be  paid  out  of  the  moneys  hereinafter 
appropriated.  All  claims  for  expenses  incurred  by  the 
commission  shall,  after  approval  by  the  commission,  be 
passed  to  th^  state  auditor  for  audit  and  payment. 

Sec.  6. — It  shall  be  the  duty  of  the  commission  to 
ascertain  the  wages  and  conditions  of  labor  of  women 
and  minors  in  the  various  occupations,  trades  and  indus- 
tries in  which  said  women  and  minors  are  employed  in 
the  State  of  Washington.  To  this  end,  said  commission 
shall  have  full  power  and  authority  to  call  for  statements 
and  to  examine,  either  through  its  members  or  other 
authorized  representatives,  all  books,  pay  rolls  or  other 
records  of  all  persons,  firms  and  corporations  employing 
females  or  minors  as  to  any  matters  that  would  have  a 
bearing  upon  the  question  of  wages  of  labor  or  condi- 
tions of  labor  of  said  employes. 


269 

Sec.  7. — Every  employer  of  women  and  minors  shall 
keep  a  record  of  the  names  of  all  women  and  minors  em- 
ployed by  him,  and  shall  on  request  permit  the  commis- 
sion or  any  of  its  members  or  authorized  representatives 
to  inspect  such  record.  -  - 

Sec.  8. — For  the  purposes  of  this  act  a  minor  is  de- 
fined to  be  a  person  of  either  sex  under  the  age  of  eighteen 
(18)  years. 

Sec.  9. — The  commission  shall  specify  times  to  hold 
public  hearings,  at  which  times  employers,  employes  or 
other  interested  persons  may  appear  and  give  testimony 
as  to  the  matter  under  consideration.  The  commission 
shall  have  power  to  subpoena  witnesses  and  to  administer 
oaths.  All  witnesses  subpoenaed  by  the  commission  shall 
be  paid  the  same  mileage  and  per  diem  allowed  by  law 
for  witnesses  before  the  superior  court  in  civil  cases. 

Sec.  10. — If,  after  investigation,  the  commission  shall 
find  that  in  any  occupation,  trade  or  industry,  the  wages 
paid  to  female  employes  are  inadequate  to  supply  them 
necessary  cost  of  living  and  to  maintain  the  workers  in 
health,  or  that  the  conditions  of  labor  are  prejudicial  to 
the  health  or  morals  of  the  workers,  the  commission  is 
empowered  to  call  a  conference  composed  of  an  equal 
number  of  representatives  of  employers  and  employees 
in  the  occupation  or  industry  in  question,  together  with 
one  or  more  disinterested  persons  representing  the  pub- 
lic; but  the  representatives  of  the  public  shall  not  exceed 
the  number  of  representatives  of  either  of  the  other 
parties ;  and  a  member  of  the  commission  shall  be  a  mem- 
ber of  such  conference  and  chairman  thereof.  The  com- 
mission shall  make  rules  and  regulations  governing  the 
selection  of  representatives  and  the  mode  of  procedure 
of  said  conference,  and  shall  exercise  exclusive  jurisdic- 
tion over  all  questions  arising  as  to  the  validity  of  the 
procedure  and  of  the  recommendations  of  said  confer- 
ence. On  request  of  the  commission,  it  shall  be  the  duty 
of  the  conference  to  recommend  to  the  commission  an 
estimate  of  the  minimum  wage  adequate  in  the  occupa- 


270 

tion  or  industry  in  question  to  supply  ithe  necessary  cost 
of  living,  and  maintain  the  workers  in  health,  and  to 
recommend  standards  of  conditions  of  labor  demanded 
for  the  health  and  morals  of  the  employees.  The  findings 
and  recommendations  of  the  conference  shall  be  made  a 
matter  of  record  for  the  use  of  the  commission. 

Sec.  11. — ^Upon  the  receipt  of  such  recommendations 
from  a  conference,  the  commission  shall  review  the  same 
and  may  approve  any  or  all  of  such  recommendations, 
or  it  may  disapprove  any  or  all  of  them  and  recommit  the 
subject  or  the  recommendations  disapproved  of,  to  the 
same  or  a  new  conference.  After  such  approval  of  the 
recommendations  of  a  conference  the  commission  shall 
issue  an  obligatory  order  to  be  effective  in  sixty  (60) 
days  from  the  date  of  said  order,  or  if  the  commission 
shall  find  that  unusual  conditions  necessitate  a  longer 
period,  then  it  shall  fix  a  later  date,  specifying  the  mini- 
mum wage  for  women  in  the  occupation  affected,  and  the 
standard  conditions  of  labor  for  said  women;  and  after 
such  order  is  effective,  it  shall  be  unlawful  for  any  em- 
ployer in  said  occupation  to  employ  women  over  eighteen 
(18)  years  of  age  for  less  than  the  rate  of  wages,  or 
under  conditions  of  labor  prohibited  for  women  in  the 
said  occupation.  The  commission  shall  send  by  mail  so 
far  as  practicable  to  each  employer  in  the  occupation 
in  question  a  copy  of  the  order,  and  each  employer  shall 
be  required  to  post  a  copy  of  said  order  in  each  room 
in  which  women  affected  by  the  order  are  employed. 
When  such  commission  shall  specify  a  minimum  wage 
hereunder  the  same  shall  not  be  changed  for  one  year 
from  the  date  when  such  minimum  wage  is  so  fixed. 

Sec.  12. — Whenever  wages  or  standard  conditions  of 
labor  have  been  made  mandatory  in  any  occupation,  upon 
petition  of  either  employers  or  employes  the  commission 
may  at  its  discretion  reopen  the  question  and  reconvene 
the  former  conference  or  call  a  new  one,  and  any  recom- 
mendations made  by  such  conference  shall  be  dealt  with 
in  the  same  manner  as  the  original  recommendations  of 
a  conference. 


271 

Sec.  13. — For  any  occupation  in  which  a  minimuin 
rate  has  been  established,  the  commission  through  its 
secretary  may  issue  to  a  woman  physically  defective  or 
crippled  by  age  or  otherwise,  or  to  an  apprentice  in  such 
class  of  employment  or  occupation  as  usually  requires  io_ 
be  learned  by  apprentices,  a  special  license  authorizing 
the  employment  of  such  licensee  for  a  wage  less  than  the 
legal  minimum  wage;  and  the  commission  shall  fix  the 
minimum  wage  for  said  person,  such  special  license  to 
be  issued  only  in  such  cases  as  the  commission  may  de- 
cide the  same  is  applied  for  in  good  faith  and  that  such 
license  for  apprentices  shall  be  in  force  for  such  length 
of  time  as  the  said  commission  shall  decide  and  deter- 
mine is  proper. 

Sec.  14. — The  commission  may  at  any  time  inquire 
into  wages,  and  conditions  of  labor  of  minors,  employed 
in  any  occupation  in  the  state  and  may  determine  wages 
and  conditions  of  labor  suitable  for  such  minors.  When 
the  commission  has  made  such  determination  in  the  cases 
of  minors  it  may  proceed  to  issue  an  obligatory  order 
in  the  manner  provided  for  in  section  11  of  this  act,  and 
after  such  order  is  effective  it  shall  be  unlawful  for  any 
employer  in  said  occupation  to  employ  a  minor  for  less 
wages  than  is  specified  for  minors  in  said  occupation, 
or  under  conditions  of  labor  prohibited  by  the  commis- 
sion for  said  minors  in  its  order. 

Sec.  15. — Upon  the  request  of  the  commission  the 
Commissioner  of  Labor  of  the  State  of  Washington  shall 
furnish  to  the  commission  such  statistics  as  the  commis- 
sion may  require. 

Sec.  16. — ^Any  employer  who  discharges,  or  in  any 
other  manner  discriminates  against  any  employe  be- 
cause such  employe  has  testified  or  is  about  to  testify, 
or  because  such  employer  believes  that  said  employe 
may  testify  in  any  investigation  or  proceedings  relative 
to  the  enforcement  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  from  twenty-five  dollars  ($25.00)  to  one 
hundred  dollars  ($100.00)  for  each  such  misdemeanor. 


272 

Sec.  17. — ^Any  person  employing  a  woman  or  minor 
for  whom  a  minimum  wage  or  standard  conditions  of 
labor  have  been  specified,  at  less  than  said  minimum 
wage,  or  under  conditions  of  labor  prohibited  by  the 
order  of  the  commission;  or  violating  any  other  of  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  ($25.00)  nor 
more  than  one  hundred  dollars  ($100.00). 

Sec.  17%. — Any  worker  or  the  parent  or  guardian  of 
any  minor  to  whom  this  act  applies  may  complain  to  the 
commission  that  the  wages  paid  to  the  workers  are  less 
than  the  minimum  rate  and  the  commission  shall  investi- 
gate the  same  and  proceed  under  this  act  in  behalf  of  the 
worker. 

Sec.  18. — If  any  employe  shall  receive  less  than  the 
legal  minimum  wage,  except  as  hereinbefore  provided  in 
section  13,  said  employe  shall  be  entitled  to  recover  in 
a  civil  action  the  full  amount  of  the  legal  minimum  wage 
as  herein  provided  for,  together  with  costs  and  attor- 
ney's fees  to  be  fixed  by  the  court,  notwithstanding  any 
agreement  to  work  for  such  lesser  wage.  In  such  action, 
however,  the  employer  shall  be  credited  with  any  wages 
which  have  been  paid  upon  account. 

Sec.  19. — ^All  questions  of  fact  arising  under  this  act 
shall  be  determined  by  the  commission  and  there  shall  be 
no  appeal  from  its  decision  upon  said  question  of  fact. 
Either  employer  or  employe  shall  have  the  right  of 
appeal  to  the  superior  court  on  questions  of  law. 

Sec.  20. — The  commission  shall  biennially  make  a  re- 
port to  the  governor  and  state  legislature  of  its  investi- 
gations and  proceedings. 

Sec.  21. — There  is  hereby  appropriated  annually  out 
of  any  moneys  of  the  state  treasury  not  otherwise  appro- 
priated, the  sum  of  ^ve  thousand  dollars  ($5,000.00)  or 
as  much  thereof  as  may  be  necessary  to  meet  the  expenses 
of  the  commission. 

[Approved  March  24,  1913.] 


273 

Acts  of  1915.     (Chapter  68.) 

Employment  of  Women  and  Children  by  Telephone 
Companies: 

iSection  1. — The  industrial  welfare  commission  __is 
hereby  authorized,  in  such  manner  as  it  shall  deem  advis- 
able, and  upon  notice  and  hearing  to  parties  directly 
affected  thereby,  to  ascertain  and  establish  such  stand- 
ards of  wages,  hours  of  work  and  conditions  of  labor  of 
women  and  minors  employed  in  the  telephone  industry 
in  rural  communities  and  in  cities  of  less  than  three 
thousand  (3000)  population,  as  shall  be  found  to  be  rea- 
sonable and  not  detrimental  to  the  health  and  morals  of 
such  women  and  minors  and  which  shall  be  sufficient  for 
the  decent  maintenance  of  such  women  and  minors,  and 
notwithstanding  any  statute  heretofore  passed  or  regu- 
lation of  such  commission  heretofore  made  relative  there- 
to: Provided,  That  nothing  in  this  act  contained  shall 
be  construed  to  amend  or  repeal  any  law  or  any  regu- 
lation relating  to  wages,  hours  of  labor  or  conditions 
of  labor  of  women  or  minors  excepting  as  in  this  act 
authorized. 

[Approved  March  15,  1915.] 


274 
Wisconsin. 

Enacted  in  1913.     (Chapter  712.) 

An  Act  to  create  sections  1729s — 1  to  1729s — 12,  inclus- 
ive/ of  the  statutes,  relating  to  the  establishment 
of  a  living- wage  for  women  and  minors,  and  mak- 
ing an  appropriation,  and  providing  a  penalty. 

The  people  of  the  State  of  Wisconsm,  represented  m 
Senate  and  Assembly,  do  enact  as  follows: 

Section  1729s — 1.  The  following  terms  as  used  in 
sections  1729s — 1  to  1729s — 12,  inclusive,  shall  be  con- 
strued as  follows : 

(1)  The  term  ** employer''  shall  mean  and  include 
every  person,  firm  or  corporation,  agent,  manager,  rep- 
resentative, contractor,  subcontractor  or  principal,  or 
other  person  having  control  or  direction  of  any  person 
employed  at  any  labor  or  responsible  directly  or  indirect- 
ly for  the  wages  of  another. 

(2)  The  term  ** employee''  shall  mean  and  include 
every  person  who  is  in  receipt  of  or  is  entitled  to  any 
compensation  for  labor  performed  for  any  employer. 

(3)  The  term  **wage"  and  the  term  *  ^wages''  shall 
each  mean  any  compensation  for  labor  measured  hj 
time,  piece  or  otherwise. 

(4)  The  term  *' welfare"  shall  mean  and  include 
reasonable  comfort,  reasonable  physical  well-being, 
decency,  and  moral  well-being. 

(5)  The  term  ** living-wage"  shall  mean  compensa- 
tion for  labor  paid,  whether  by  time,  piece-work  or  other- 
wise, sufficient  to  enable  the  employe  receiving  it  to 
maintain  himself  or  herself  under  conditions  consistent 
with  his  or  her  welfare. 

S'ec.  1729s — 2.  Every  wage  paid  or  agreed  to  be  paid 
by  any  employer  to  any  female  or  minor  employee,  ex- 
cept as  otherwise  provided  in  section  1729s — 7,  shall  be 
not  less  than  a  living-wage. 


275 

Sec.  1729s — 3.  Any  employer  paying,  offering  to 
pay,  or  agreeing  to  pay  to  any  female  or  minor  employe 
a  wage  lower  or  less  in  value  than  a  living-wage  shall 
be  deemed  guilty  of  a  violation  of  sections  1729s — ^1  to 
1729s — 12,  inclusive,  of  the  statutes.  _  _ 

Sec.  1729s — 4.  It  shall  be  the  duty  of  the  industrial 
commission,  and  it  shall  have  power,  jurisdiction  and 
authority  to  investigate,  ascertain,  determine  and  fix 
such  reasonable  classifications,  and  to  issue  general  or 
special  orders,  determining  the  living  wage,  and  to  carry 
out  the  purposes  of  sections  1729s — 1  to  1729s — 12,  in- 
elusive,  of  the  statutes.  Such  investigations,  classifica- 
tions and  orders,  and  any  action,  proceeding,  or  suit  to 
set  aside,  vacate  or  amend  any  such  order  of  said  com- 
mission, or  to  enjoin  the  enforcement  thereof,  shall  be 
made  pursuant  to  the  proceeding  in  sections  2394 — 41 
to  2394 — 70,  inclusive,*  of  the  statutes,  which  are  hereby 
made  a  part  hereof,  so  far  as  not  inconsistent  with  the 
provisions  of  sections  1729s — 1  to  1729s — 12  inclusive, 
of  the  statutes ;  and  every  order  of  the  said  commission 
shall  have  the  same  force  and  efiFect  as  the  orders  issued 
pursuant  to  said  sections  2394 — 41  to  2394 — 70,  inclusive, 
of  the  statutes,  and  the  penalties  therein  shall  apply  to 
and  be  imposed  for  any  violation  of  sections  1729s — 1 
to  1729s — 12,  inclusive,  of  the  statutes. 

Sec.  1729s— 5.  After  July  1,  1913,  the  industrial 
commission  may,  upon  its  own  initiative,  and  after  July 
1,  1914,  the  industrial  commission  shall,  within  twenty 
days  after  the  filing  of  a  verified  complaint  of  any  per- 
son setting  forth  that  the  wages  paid  to  any  female  or 
minor  employe  in  any  occupation  are  not  sufficient  to 
enable  such  employe  to  maintain  himself  or  herself 
under  conditions  consistent  with  his  or  her  welfare,  in- 
vestigate and  determine  whether  there  is  reasonable 
cause  to  believe  that  the  wage  paid  to  any  female  or 
minor  employe  is  not  a  living  wage. 

Sec.  1729s — 6.    If,  upon  investigation,  the  commis- 


•Industrial  commission  act. 


276 

sion  finds  that  there  is  reasonable  cause  to  believe  that 
the  wages  paid  to  any  female  or  minor  employe  are  not 
a  living-wage,  it  shall  appoint  an  advisory  wage  board, 
selected  so  as  fairly  to  represent  employers,  employes 
and  the  public,  to  assist  in  its  investigations  and  deter- 
minations. The  living-wage  so  determined  upon  shall 
be  the  living-wage  for  all  female  or  minor  employes, 
within  the  same  class  as  established  by  the  classification 
of  the  commission. 

Sec.  1729s — 7.  The  industrial  commission  shall 
make  rules  and  regulations  whereby  any  female  or  minor 
unable  to  earn  the  living-wage  theretofore  determined 
upon,  shall  be  granted  a  license  to  work  for  a  wage 
which  shall  be  commensurate  with  his  or  her  ability. 
Each  license  so  granted  shall  establish  a  wage  for  the 
licensee,  and  no  licensee  shall  be  employed  at  a  wage  less 
than  the  rate  so  established. 

Sec.  1729s — 8.  1.  All  minors  working  in  an  occupa- 
tion for  which  a  living-wage  has  been  established  for 
minors,  and  who  shall  have  no  trade,  shall,  if  employed 
in  an  occupation  which  is  a  trade  industry,  be  inden- 
tured under  the  provisions  of  sections  2377  to  2386,*  in- 
clusive, of  the  statutes. 

2. — A  *Hrade''  or  a  *^ trade  industry''  within  the 
meaning  of  this  act  shall  be  a  trade  or  an  industry  in- 
volving physical  labor  and  characterized  by  mechanical 
skill  and  training  such  as  render  a  period  of  instruction 
reasonably  necessary.  The  industrial  commission  shall 
investigate,  determine  and  declare  what  occupations  and 
industries  are  included  within  the  phrase  a  *Hrade"  or  a 
*Hrade  industry." 

3.  All  minors  working  in  an  occupation  for  which  a 
living-wage  has  been  established  for  minors  but  which  is 
not  a  trade  industry,  who  have  no  trade,  shall  be  sub- 
ject to  the  same  provisions  as  minors  between  the  ages 
of  fourteen  and  sixteen  as  provided  in  section  1728c — If 
of  the  statutes. 


•Industrial  commission   act. 
tindustrial  education  act. 


277 

4.  The  Industrial  commission  may  make  exceptions 
to  the  operation  of  subsections  1  and  2  of  this  section 
where  conditions  make  their  application  unreasonable. 

Sec.  1729s — 9.  Every  employer  employing  three  or 
more  females  or  minors  shall  register  with  the  Indus-- 
trial  commission,  on  blanks  to  be  supplied  by  the  com- 
mission. In  filling  out  the  blank  he  shall  state  separately 
the  number  of  females  and  the  number  of  minors  em- 
ployed by  him,  their  age,  sex,  wages  and  the  nature  of 
the  work  at  which  they  are  employed,  and  shall  give 
such  other  information  relative  to  the  work  performed 
and  the  wages  received  as  the  industrial  commission 
requires.  Each  employer  shall  also  keep  a  record  of  the 
names  and  addresses  of  all  women  and  minors  employed 
by  him,  the  hours  of  employment  and  wages  of  each,  and 
such  other  records  as  the  industrial  commission  requires. 

iSec.  1729s — 10.  Any  employer  who  discharges  or 
threatens  to  discharge,  or  in  any  way  discriminates,  or 
threatens  to  discriminate  against  any  employe  because 
the  employe  has  testified  or  is  about  to  testify,  or  be- 
cause the  employer  believes  that  the  employe  may  tes- 
tify, in  any  investigation  or  proceeding  relative  to  the 
enforcement  of  this  act,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of 
twenty-five  dollars  for  each  offense. 

Sec.  1729s — 11.  Each  day  during  which  any  em- 
ployer shall  employ  a  person  for  whom  a  living-wage 
has  been  fixed  at  a  wage  less  than  the  living-wage  fixed 
shall  constitute  a  separate  and  distinct  violation  of  sec- 
tions 1729s— 1  to  1729s— 12,  inclusive,  of  the  statutes. 

Sec.  1729s — 12.^  Any  person  may  register  with  the 
industrial  commission  a  complaint  that  the  wages  paid 
to  an  employe  for  whom  a  living-wage  has  been  estab- 
lished, are  less  than  that  rate,  and  the  industrial  com- 
mission shall  investigate  the  matter  and  take  all  pro- 
ceedings necessary  to  enforce  the  payment  of  a  wage 
not  less  than  the  living-wage. 

[Approved  July  31,  1914.] 


278 

Porto  Rico. 

Enacted  m  1919.    (Chapter  45.) 

An  Act  establisliiiig  minimuin  wages  for  working  women, 
and  for  other  purposes. 

Seotion"  1. — It  shall  be  unlawful  for  any  employer 
of  women,  girls  inclusive,  in  industrial  occupations,  or 
commercial,  or  public-service  undertakings  in  Porto 
Eico,  to  pay  them  wages  lower  than  those  specified  in 
this  Section,  to  wit: 

Women  under  18  years  of  age  at  the  rate  of  four 
(4)  dollars  a  week,  and  over  said  age  at  the  rate  of  six 
(6)  dollars  a  week.  The  first  three  weeks  of  apprentice- 
ship shall  be  exempt  from  the  provisions  of  this  Section. 
The  provisions  of  this  Act  shall  not  be  applicable  to 
agriculture  and  agricultural  industries. 

Seo.  2. — ^Any  employer  paying  any  woman,  girls  in- 
cluded, wages  lower  than  those  specified  in  Section  1 
shall  be  guilty  of  misdemeanor,  and  upon  conviction  shall 
be  punished  by  fine  not  to  exceed  fifty  (50)  dollars  nor 
less  than  five  (5)  dollars. 

Sec.  3. — ^The  Bureau  of  Labor  shall  be  intrusted  with 
the  enforcement  of  this  Act. 

Sec.  4. — ^All  laws  or  parts  of  laws  in  conflict  here- 
with are  hereby  repealed. 

Sec.  5. — This  Act  shall  take  effect  ninety  days  after 
its  approval. 

[Approved  June  9,  1919.] 


279 

(2)     Constitutional    Provisions    Validating    Minimum 
Wage  Statutes. 

Ohio. 

Ohio  Constitution — Amendment  of  1912. 

Article  II.    Labor  Legislation. 

Section  34. — ^Laws  may  be  passed  fixing  and  regulat- 
ing the  hours  of  labor,  establishing  a  minimum  wage 
commission,  and  providing  for  the  comfort,  health,  safe- 
ty and  general  welfare  of  all  employees;  and  no  other 
provision  of  the  Constitution  shall  impair  or  limit  this 
power. 

California. 

California  Constitution.    Article  XX. 

Section  171/2. — The  legislature  may,  by  appropriate 
legislation  provide  for  the  establishment  of  a  minimum 
wage  for  women  and  minors  and  may  provide  for  the 
coinfort,  health,  safety  and  general  welfare  of  any  and 
all  employees.  No  provision  of  this  constitution  shall 
be  construed  as  a  limitation  upon  the  authority  of  the 
legislature  to  confer  upon  any  commission  now  or  here- 
after created  such  power  and  authority  as  the  legislature 
may  deem  requisite  to  carry  out  the  provisions  of  this 
section.  (Adopted  at  the  general  election,  November  3, 
1914,  by  an  84,000  majority.*) 


Nebraska. 

Nebraska  Constitution — ^Amendments  of  1920. 

Aeticle  XV.  Sec.  8. — Laws  may  be  enacted  regulat- 
ing the  hours  and  conditions  of  employment  of  women 
and  children,  and  securing  to  such  employees  a  proper 
minimum  wage.  (Adopted  September  21,  1920,  by  a  ma- 
jority of  57,695)** 

•Third  Biennial  Report,  California  Industrial  Welfare  Commission,  1917- 
1918.     Pages  7,  8. 

••Letter  from  the  Secretary  of  State. 


280 
2.    In  the  British  Empire. 

In  Great  Britain  in  1918  the  scope  of  the  original 
act  of  1909  was  greatly  extended  providing  for  much 
speedier  action  as  well  as  greater  flexibility.  Minimum 
rates  have  since  been  fixed  in  twenty-five  additional 
trades:  aerated  waters;  boot  and  shoe  repairing;  brush 
and  broom;  button-making;  coffin  furniture;  corset; 
dressmaking  and  women's  light  clothing;  flax  and  hemp; 
fur;  general  waste  reclamations;  grocery  and  provisions; 
hair,  bass  and  fibre;  hat,  cap  and  millinery;  jute;  laundry; 
linen  and  cotton  handkerchief  and  household  goods,  and 
linen  piece  goods;  milk  distribution;  paper  bag;  per- 
ambulator and  invalid  carriage;  pin,  hook  and  eye  and 
snap  fastener;  rope,  twine  and  net;  stamped  and  pressed 
metal  ware;  tobacco;  toy;  and  wholesale  mantle  and 
costume. 

Notice  has  also  been  duly  given  that  special  orders 
will  be  applied  to  the  following  trades:  boot  and  shoe 
polish;  hair  dressers;  sack  and  bag;  fish,  poultry,  game 
and  rabbit  distribution;  fruit,  flower  and  vegetable  dis- 
tribution; made  up  textiles;  and  ostrich  and  fancy  feather 
and  artificial  flower  trade. 

By  the  Corn  Production  Act  of  1917  minimum  rates 
were  fixed  for  agricultural  laborers. 

Minimum  wage  legislation  has  spread  rapidly  over 
Canada  since  1918  when  an  act  closely  following  the 
Oregon  law  was  passed  in  British  Columbia.  This  legis- 
lation is  in  force  in  every  province  on  the  border  line 
of  the  United  States  excepting  New  Brunswick. 


281 

(I)     The  New  Legislation, 
(a.)     Great  Britain. 

The  Trade  Boards  Acts,  1909  and  1918.     (9  EdAJO,  VII, 
Chap,  22.)    (8  £  9  Geo.  V,  Chap.  32.)  ^  _ 

[1918]  1.— (1)  The  Trade  Boards  Act,  1909  (in  this 
Act  referred  to  as  ^'the  principal  Act^')  shall  apply  to 
the  trades  specified  in  the  Schedule  to  that  Act  and  to 
any  other  trades  to  which  it  has  been  applied  by  a  pro- 
visional order  made  under  section  one  of  that  Act  or  by 
a  special  order  made  under  this  Act  by  the  Minister  of 
Labour  (in  this  Act  referred  to  as  **a  special  order' '). 

(2)  The  Minister  of  Labour  (in  this  Act  referred  to 
as  **the  Minister '')  may  make  a  special  order  applying 
the  principal  Act  to  any  specified  trade  to  which  it  does 
not  at  the  time  apply  if  he  is  of  the  opinion  that  no 
adequate  machinery  exists  for  the  effective  regulation 
of  wages  throughout  the  trade,  and  that  accordingly, 
having  regard  to  the  rates  of  wages  prevailing  in  the 
trade,  or  any  part  of  the  trade,  it  is  expedient  that  the 
principal  Act  should  apply  to  that  trade. 

(3)  If  at  any  time  the  Minister  is  of  opinion  that 
the  conditions  of  employment  in  any  trade  to  which  the 
principal  Act  applies  have  been  so  altered  as  to  render 
the  application  of  the  principal  Act  to  the  trade  unneces- 
sary, he  may  make  a  special  order  withdrawing  that 
trade  from  the  operation  of  the  principal  Act. 

(4)  If  the  Minister  is  of  opinion  that  it  is  desirable 
to  alter  or  amend  the  description  of  any  of  the  trades 
specified  in  the  Schedule  to  the  principal  Act,  he  may 
make  a  special  order  altering  or  amending  the  said 
Schedule  accordingly. 

(5)  Any  Act  confirming  a  provisional  order  made 
in  pursuance  of  section  one  of  the  principal  Act  may  be 
repealed  or  varied  by  a  special  order. 

(6)  Section  one  of  the  principal  Act  shall  cease  to 
have  effect. 


282 

[1918]  2.  (1)  Every  special  order  shall  without 
confirmation  by  Parliament  have  effect  as  if  enacted  in 
this  Act  and  may  be  varied  or  revoked  by  a  subsequent 
special  order. 

(4)  Every  special  order  shall  be  laid  before  each 
House  of  Parliament  forthwith,  and  if  an  Address  is 
presented  to  His  Majesty  by  either  House  within  the 
next  subsequent  forty  days  on  which  that  House  has 
sat  after  the  order  has  been  so  laid,  praying  that  the 
order  may  be  annulled.  His  Majesty  may  annul  the  order, 
and  it  shall  thenceforth  be  void,  but  without  prejudice 
to  the  validity  of  anything  previously  done  thereunder 
or  to  the  power  of  making  a  fresh  order. 

[1909]  2.--(l)  The  Board  of  Trade  shall,  if  prac- 
ticable establish  one  or  more  Trade  Boards  constituted  in 
accordance  with  regulations  made  under  this  Act  for  any 
trade  to  which  this  Act  applies  or  for  any  branch  of 
work  in  the  trade. 

Where  a  Trade  Board  is  established  under  this  Act 
for  any  trade  or  branch  of  work  in  a  trade  which  is  car- 
ried on  to  any  substantial  extent  in  Ireland,  a  separate 
Trade  Board  shall  be  established  for  that  trade  or 
branch  of  work  in  a  trade  in  Ireland. 

Minimum  Eates  of  "Wages. 

[1918]  3.— (1)  The  following  provision  shall  be 
substituted  for  the  first  paragraph  of  subsection  (1)  of 
section  four  of  the  principal  Act  (which  relates  to  the 
duties  and  powers  of  Trade  Boards  with  respect  to  mini- 
mum rates  of  wages) : 

** Every  Trade  Board  shall,  subject  to  the  pro- 
visions of  this  section,  fix  a  minimum  rate  of  wages 
for  time-work  in  their  trade  (in  this  Act  referred 
to  as  *  a  general  minimum  time-rate')  and  may  also 
fix  for  their  trade — 

**(a)  A  general  minimum  rate  of  wages  for 


283 

piece-work  (in  this  Act  referred  to  as  *a  general 
minimum  piece-rate') ; 

^^(b)  A  minimum  time-rate  (whicli  shall  not 
be  higher  than  the  general  minimum  time-rate)  to 
apply  in  the  case  of  workers  employed  on  piece- 
work for  the  purpose  of  securing  to  such  workers 
a  minimum  rate  of  remuneration  on  a  time-work 
basis  (in  this  Act  referred  to  as  *a  guaranteed 
time-rate  0 ; 

**(c)  A  minimum  rate  (whether  a  time-rate  or 
a  piece-rate)  to  apply,  in  substitution  for  the  mini- 
mum rate  which  would  otherwise  be  applicable, 
in  respect  of  hours  worked  by  a  worker  in  any 
week  or  on  any  day  in  excess  of  the  number  of 
hours  declared  by  the  Trade  Board  to  be  the  nor- 
mal number  of  hours  of  work  per  week  or  for 
that  day  in  the  trade  (in  this  Act  referred  to  as 
*an  overtime  rate'); 

*^Any  of  the  minimum  rates  aforesaid  may  be 
fixed  so  as  to  apply  universally  to  the  trade  or  so 
as  to  apply  to  any  special  process  in  the  work  of 
the  trade  or  to  any  special  area,  or  to  any  class  of 
workers  in  the  trade,  or  to  any  class  of  workers  in 
any  special  process  or  in  any  special  area." 

(2)  The  power  of  a  Trade  Board  under  the  principal 
Act  to  fix  a  minimum  rate  of  wages  shall  include  the 
power  to  fix  a  series  of  minimum  rates  to  come  into 
operation  successively  on  the  expiration  of  specified 
periods,  and  the  power  to  vary  a  minimum  rate  shall 
include  the  power  so  to  vary  a  rate  that  the  variation 
shall  be  operative  only  during  a  specified  period. 

.  (4)  Where  a  Trade  Board  fix  a  minimum  rate  so 
as  to  apply  to  any  class  of  workers  in  a  trade  they  may, 
if  they  think  it  expedient  so  to  do,  attach  to  the  fixing  of 
the  minimum  rate  the  following  conditions;  that  is  to 
say,— 

(a)     A  condition  that  workers  who  are  members 


284 

of  the  class  must  be  the  holders  of  certificates  to 
that  effect  issued  by  the  Trade  Board ;  and 

(b)  If  the  class  consists  of  persons  who  are 
learning  the  trade,  such  conditions  as  the  Trade 
Board  think  necessary  for  securing  the  effective  in- 
struction of  those  persons  in  the  trade. 

If  any  condition  so  attached  is  not  complied  with  in 
the  case  of  any  worker,  he  shall  be  deemed  not  to  be  a 
member  of  the  class,  and  where  a  condition  with  respect 
to  the  holding  of  a  certificate  is  so  attached,  the  Trade 
Board  shall  issue  a  certificate  to  a  person  applying  there- 
for on  production  of  evidence  to  their  satisfaction  that 
the  applicant  is  a  member  of  the  class. 

[1909]  6. — (1)  Where  any  minimum  rate  of  wages 
fixed  by  a  Trade  Board  has  been  made  obligatory  by 
order  of  the  Board  of  Trade  under  this  Act,  an  employer 
shall,  in  cases  to  which  the  minimum  rate  is  applicable, 
pay  wages  to  the  person  employed  at  not  less  than  the 
minimum  rate  clear  of  all  deductions,  and  if  he  fails  to 
do  so  shall  be  liable  on  summary  conviction  in  respect 
of  each  offence  to  a  fine  not  exceeding  twenty  pounds 
and  to  a  fine  not  exceeding  five  pounds  for  each  day  on 
which  the  offence  is  continued  after  conviction  therefor. 

[1918]  5. — (4)  The  following  provisions  shall  be 
inserted  at -the  end  of  subsection  (1)  of  section  six  of  the 
principal  Act : 

'*In  the  foregoing  provision,  the  expression 
*  deductions  includes  deductions  for  or  in  respect  of 
any  matter  whatsoever  (other  than  deductions  under 
the  National  Insurance  Act,  1911,  as  amended  by 
any  subsequent  enactments  or  deductions  author- 
ized by  any  Act  to  be  made  from  wages  in  respect 
of  contributions  to  any  superannuation  or  other 
provident  fund),  and  notwithstanding  that  they  are 
deductions  which  may  lawfully  be  made  from  wages 
under  the  provisions  of  the  Truck  Acts,  1831  to 
1896,   and   where   any  payment  being  a  payment 


285 

authorized  to  be  received  by  an  employer  under  sec- 
tion one,  section  two,  or  section  three  of  the  Truck 
Act,  1896,  is  made  by  any  employed  person  to  his 
employer,  the  employer  shall,  for  the  purposes  of 
the  foregoing  provision,  be  deemed  to  have  deducted 
that  amount  from  wages.'' 

[1909]  6. — (2)  On  the  conviction  of  an  employer 
under  this  section  for  failing  to  pay  wages  at  not  less 
than  the  minimum  rate  to  a  person  employed,  the  court 
may  by  the  conviction  adjudge  the  employer  convicted 
to  pay,  in  addition  to  any  fine,  such  sum  as  appears  to 
the  court  to  be  due  to  the  person  employed  on  account 
of  wages,  the  wages  being  calculated  on  the  basis  of  the 
minimum  rate,  but  the  power  to  order  the  payment  of 
wages  under  this  provision  shall  not  be  in  derogation 
of  any  right  of  the  person  employed  to  recover  wages 
by  any  other  proceeding. 

[1918]  5. — (5)  The  following  provisions  shall  be 
substituted  for  subsections  (3)  and  (4)  of  section  six 
of  the  principal  Act: 

^'(3)  If  a  Trade  Board  are  satisfied  that  any 
worker  employed  or  desiring  to  be  employed  in  any 
branch  of  a  trade  to  which  a  general  minimum  time- 
rate,  a  guaranteed  time-rate,  or  a  time-work  over- 
time rate  is  applicable  is  affected  by  any  infirmity  or 
physical  injury  which  renders  him  incapable  of 
earning  that  minimum  rate  and,  where  the  worker 
is  not  already  employed  on  piece-work,  are  of  opin- 
ion that  the  case  cannot  suitably  be  met  by  employ- 
ing him  on  piece-work,  the  Trade  Board  may,  if 
they  think  fit,  grant  to  the  worker,  subject  to  such 
conditions,  if  any,  as  they  prescribe,  a  permit  ex- 
empting the  employment  of  the  worker  from  the 
provisions  of  this  Act  relating  to  the  payment  of 
wages  at  less  than  the  minimum  rate,  and  while  the 
permit  is  in  force  the  employer  shall  not  be  liable 
for  paying  wages  to  the  worker  at  a  rate  less  than 
the  minimum  rate  so  long  as  the  conditions  pre- 


286 

scribed  by  the  Trade  Board  on  the  grant  of  the  per- 
mit are  complied  with. 

'*A  Trade  Board  may,  if  they  think  fit,  delegate 
their  powers  under  this  subsection  to  a  committee 
consisting  of  such  number  of  persons,  being  mem- 
bers of  the  Board,  as  the  Board  may  think  fit,  so, 
however,  that  the  members  of  the  Board  on  the  com- 
mittee representing  employers  and  the  members  of 
the  Board  on  the  committee  representing  workers 
shall  be  in  equal  proportions. 

^*(4)  It  shall  be  the  duty  of  every  employer  in 
a  trade  to  which  a  minimum  rate  is  applicable,  to 
keep  such  records  of  wages  as  are  necessary  to  show 
that  the  provisions  of  this  Act  are  being  complied 
with  as  respects  persons  in  his  employment,  and  if 
he  fails  to  do  so  he  shall  be  liable  on  summary  con- 
viction in  respect  of  each  offense  to  a  fine  not  ex- 
ceeding two  pounds,  and  also  to  a  fine  not  exceeding 
one  pound  for  every  day  during  which  the  default 
continues  after  conviction. 

**0n  any  prosecution  of  a  person  for  failing  to 
pay  wages  at  not  less  than  the  minimum  rate,  it  shall 
lie  on  that  person  to  prove  that  he  has  not  paid 
wages  at  less  than  the  minimum  rate. ' ' 

[1918]  ^8.  For  the  purpose  of  calculating  the 
amount  of  the  wages  payable  in  the  case  of  a  worker  em- 
ployed on  any  work  for  which  a  minimum  rate  of  wages 
has  been  fixed  under  the  principal  Act,  the  worker  shall 
be  deemed  to  have  been  employed  during  all  the  time 
during  which  he  was  present  on  the  premises  of  the  em- 
ployer, unless  the  employer  proves  that  he  was  so  pres- 
ent without  the  employer's  consent,  express  or  implied, 
or  that  he  was  so  present  for  some  purpose  unconnected 
with  his  work  and  other  than  that  of  waiting  for  work 
to  be  given  to  him  to  perform,  and  in  the  case  of  a  worker 
employed  on  piece-work  shall  be  deemed  during  any  time 
during  which  he  was  so  present  and  was  not  doing  piece- 
work to  have  been  employed  at  the  general  minimum 


287 

time-rate  applicable  to  workers  of  the  class  to  which  he 
belongs : 

Provided  that — 

(a)  where  a  worker  resides  on  the  premises  of 
the  employer  he  shall  not  be  deemed  to  be  employed 
during  any  time  during  which  he  is  present  on  the 
premises  by  reason  only  of  the  fact  that  he  is  so  res- 
ident; and 

(b)  a  worker  while  present  during  nomial  meal 
times  in  a  room  or  place  in  which  no  work  is  being 
done  shall  be  deemed  to  be  present  for  a  purpose 
unconnected  with  his  work. 

Constitution,  Proceedings,  etc.,  of  Trade  Boards. 

[1909]  11.— (1)  The  Board  of  Trade  may  make 
regulations  with  respect  to  the  constitution  of  Trade 
Boards  which  shall  consist  of  members  representing  em- 
ployers and  members  representing  workers  (in  this  Act 
referred  to  as  representative  members)  in  equal  propor- 
tions and  of  the  appointed  members. 

(2)  Women  shall  be  eligible  as  members  of  Trade 
Boards  as  well  as  men. 

(3)  The  representative  members  shall  be  elected 
or  nominated,  or  partly  elected  and  partly  nominated  as 
may  be  provided  by  the  regulations,  and  in  framing  the 
regulations  the  representation  of  home  workers  on  Trade 
Boards  shall  be  provided  for  in  all  trades  in  which  a 
considerable  proportion  of  home  workers  are  engaged. 

(4)  The  chairman  of  a  Trade  Board  shall  be  such 
one  of  the  members  as  the  Board  of  Trade  may  appoint, 
and  the  secretary  of  the  Trade  Board  shall  be  appointed 
by  the  Board  of  Trade. 

[1909]  12.— (1)  A  Trade  Board  may  establish  dis- 
trict trade  committees  consisting  partly  of  members  of 
the  Trade  Board  and  partly  of  persons  not  being  mem- 
bers of  the  Trade  Board  but  representing  employers  or 
workers  engaged  in  the  trade  and  constituted  in  ac- 


288 

cordance  with  regulations  made  for  the  purpose  by  the 
Board  of  Trade.  .  .  . 

(3)  A  Trade  Board  may  refer  to  a  district  trade 
committee  for  their  report  and  recommendations  any 
matter  which  they  think  is  expedient  so  to  refer,  and 
may  also,  if  they  think  fit,  delegate  to  a  district  trade 
committee  or  any  sub-committee  thereof  any  of  their 
powers  and  duties  under  this  Act,  other  than  their  power 
and  duty  to  ^x  a  general  minimum  time-rate  and  their 
power  to  ^  a  general  minimum  piece-rate,  a  guaranteed 
time-rate,  a  piece-work  basis  time-rate,  and  an  overtime 
rate. 

(4)  Where  a  district  trade  committee  has  been  es- 
tablished for  any  area,  it  shall  be  the  duty  of  the  com- 
mittee to  recommend  to  the  Trade  Board  general  min- 
imum time-rates  and,  so  far  as  they  think  fit,  general  min- 
imum piece-rates,  guaranteed  time-rates,  piece-work 
basis  time-rates,  and  over-time  rates,  applicable  to  the 
trade  in  that  area,  and  no  such  minimum  rate  of  wages 
fixed  under  this  Act  and  no  variation  or  cancellation  of 
such  a  rate  shall  have  effect  within  that  area  unless  either 
the  rate  or  the  variation  or  cancellation  thereof,  as  the 
case  may  be,  has  been  recommended  by  the  district  trade 
committee,  or  an  opportunity  has  been  given  to  the  com- 
mittee to  report  thereon  to  the  Trade  Board,  and  the 
Trade  Board  have  considered  the  report  (if  any)  made 
by  the  committee. 

[1909]  13.— (1)  The  Board  of  Trade  may  appoint 
such  number  of  persons  (including  women)  as  they  think 
fit  to  be  appointed  members  of  Trade  Boards. 

(2)  Such  of  the  appointed  members  of  Trade  Boards 
shall  act  on  each  Trade  Board  or  district  trade  committee 
as  may  be  directed  by  the  Board  of  Trade,  and,  in  the 
case  of  a  Trade  Board  for  a  trade  in  which  women  are 
largely  employed,  at  least  one  of  the  appointed  members 
acting  shall  be  a  woman: 

Provided  that  the  number  of  appointed  members  act- 
ing on  the  same  Trade  Board,  or  the  same  district  trade 


289 

committee,  at  the  same  time,  shall  be  less  than  half  the 
total  nmnber  of  members  representing  employers  and 
members  representing  workers. 


Corn  ProdMction  Act.    1917.    (7  md  8  Geo.  V,  Chap,  46,) 

4. — (1)  Any  person  who  employs  a  workman  in 
agriculture  shall  pay  wages  to  the  workman  at  a  rate 
not  less  than  the  minimum  rate  as  fixed  under  this  Act 
and  applicable  to  the  case,  and  if  he  fails  to  do  so,  shall 
be  liable  on  summary  conviction  in  respect  to  each  of- 
fence to  a  fine  not  exceeding  twenty  pounds,  and  to  a 
fine  not  exceeding  one  pound  for  each  day  on  which  the 
offense  is  continued  after  conviction  therefor : 

(3)  Any  agreement  for  the  payment  of  wages  in 
contravention  of  this  section,  or  for  abstaining  to  exer- 
cise any  right  of  enforcing  the  payment  of  wages  in 
accordance  with  this  section,  shall  be  void. 

5. — (1)  The  Board  of  Agriculture  and  Fisheries 
shall,  as  soon  as  may  be  and  after  consultation  with  the 
Minister  of  Labour,  establish  an  Agricultural  Wages 
Board;  and  such  of  the  provisions  of  the  Trade  Boards 
Act,  1909,  as  are  set  out  (with  modifications)  in  the 
First  Schedule  to  this  Act  shall  be  deemed  to  be  incor- 
porated in  this  Part  of  this  Act. 

(2)  The  Agricultural  Wages  Board  shall  fix  mini- 
mum rates  of  wages  for  workmen  employed  in  agricul- 
ture for  time-work,  and  may  also,  if  and  so  far  as  they 
think  it  necessary  or  expedient,  ^x  minimum  rates  of 
wages  for  workmen  employed  in  agriculture  for  piece- 
work. 

(3)  Any  such  minimum  rates  may  be  fixed  so  as 
to  apply  universally  to  workmen  employed  in  agricul- 
ture,  or  to  any  special  class  of  workmen  in  agriculture, 
or  to  any  special  area,  or  to  any  special  class  in  a  spe- 
cial area,  subject  in  each  case  to  any  exceptions  which 
may  be  made  by  the  Agricultural  Wages  Board  for  em- 


290 

ployment  of  any  special  character,  and  so  as  to  vary 
according  as  the  employment  is  for  a  day,  week,  month, 
or  other  period,  or  according  to  the  number  of  working 
hours  or  the  conditions  of  the  employment,  or  so  as  to 
provide  for  a  differential  rate  in  case  of  overtime: 

Provided  that  if  the  Agricultural  Wages  Board  are 
satisfied  that  any  workmen  employed  or  desiring  to  be 
employed  on  time  work  to  which  a  minimum  rate  fixed 
by  the  Board  is  applicable  is  affected  by  any  mental  or 
other  infirmity  or  physical  injury  which  renders  him 
incapable  of  earning  that  minimum  rate,  the  Board  may 
grant  to  the  workman,  subject  to  such  conditions,  if  any, 
as  they  prescribe,  a  permit  exempting  the  employment 
of  the  workman  from  the  provisions  of  this  Act  requir- 
ing wages  to  be  paid  at  not  less  than  the  minimum  rate, 
and  while  the  permit  is  in  force  an  employer  shall  not 
be  liable  to  any  penalty  for  paying  wages  to  the  work- 
man at  a  rate  less  than  the  minimum  rate  so  long  as  any 
conditions  prescribed  by  the  Board  on  the  grant  of  the 
permit  are  complied  with. 

6.  In  fixing  minimum  rates  under  this  section,  the 
Agricultural  Wages  Board  shall,  so  far  as  practicable, 
secure  for  able  bodied  men  wages  which,  in  the  opinion 
of  the  Board,  are  adequate  to  promote  efficiency  and  to 
enable  a  man  in  an  ordinary  case  to  maintain  himself 
and  his  family  in  accordance  with  such  standard  of  com- 
fort as  may  be  reasonable  in  relation  to  the  nature  of 
his  occupation. 

7.  Any  workman  employed  in  agriculture,  or  any 
person  authorized  by  a  workman  so  employed,  may  com- 
plain to  the  Agricultural  Wages  Board  that  the  wages 
paid  to  the  workman  by  any  employer  are  at  a  rate  less 
than  the  minimum  rate  applicable  in  the  case  of  that 
workman,  and  the  Board  shall  consider  the  matter,  and 
may,  if  they  think  fit,  take  any  proceedings  under  this 
Act  on  behalf  of  the  workman. 


291 

(b.)     Canada. 

Alberta. 

The  Factories  Act,  1917.  (Chapter  20.)  Amended  hi 
1919.  (Chapter  4.)  Amended  in  1920.  (Chapter 
40.) 

16.  The  provisions  of  this  Act  shall  apply  to  shops, 
offices  and  office  buildings  in  cities  and  towns  having  a 
population  exceeding  5,000,  and  to  all  factories  within 
the  province. 

24. — (2)  No  person  shall  be  employed  by  any  em- 
ployer in  any  factory,  shop,  office  or  office  building  at 
a  wage  less  than  $1.50  per  shift,  except  in  the  case  of 
apprentices  who  may  be  paid  a  wage  of  not  less  than 
$1.00  per  shift:    (Assented  to  April  5,  1917.) 

26a. — The  Lieutenant  Governor  in  Council  shall  ap- 
point five  persons,  of  whom  two  shall  be  representatives 
of  employers  and  two  of  employees,  which  said  four 
persons,  with  a  fifth  person  to  be  nominated  by  the  At- 
torney General,  shall  constitute  an  advisory  committee, 
whose  duty  it  shall  be  to  investigate  and  determine  the 
amount  that  shall  be  paid  as  a  minimum  wage  to  any 
person  under  the  age  of  eighteen  years,  and  to  any 
female  person  employed  in  any  factory,  shop,  office  or 
office  building  to  which  this  Act  applies,  and  also  the 
number  of  hours  per  day  per  week  during  which  any 
person  shall  be  required  to  work  in  any  place  within 
this  Act,  and  also  to  determine  what  number  or  propor- 
tion of  the  employees  in  any  shop  or  factory,  office  or 
office  building  may  be  apprentices. 

(2)  Such  advisory  committee  shall  be  empowered 
to  enforce  the  attendance  of  witnesses,  to  examine  them 
under  oath,  affirmation  or  otherwise,  and  to  compel  the 
production  of  such  documents  and  things  as  may  be 
necessary. 

(3)  Such  committee  shall  from  time  to  time  report 
to  the  Lieutenant  Governor  in  Council  the  result  of  its 


292 

findings,  whereupon  the  Lieutenant  Governor  in  Council 
may  take  an  order  or  orders,  which  shall  have  the  same 
force  and  effect  as  if  incorporated  herein,  and  in  case 
of  conflict  between  such  order  or  orders  and  any  part 
of  this  Act  the  provisions  of  such  order  or  orders  shall 
supersede  and  govern. 

[Assented  to  April  10,  1920.] 


293 

British  Columbia. 

Minimum   Wage  Act,  1918.     f Chapter  56.)     Amended 
in  1919.     (Chapter  61.)  ^ 

3.  For  the  purposes  of  administering  and  carrying 
out  the  provisions  of  this  Act,  there  shall  be  in  the 
Department  of  Labour  of  this  Province  a  Board,  to  be 
called  the  ** Minimum  Wage  Board,**  which  shall  con- 
sist of  three  members,  one  of  whom  shall  be  the  Deputy 
Minister  of  Labour,  who  shall  be  Chairman  of  the  Board, 
and  the  other  members  shall  be  appointed  by  and  hold 
office  during  the  pleasure  of  the  Lieutenant-Governor  in 
Council.  One  member  of  the  Board  shall  be  a  woman. 
Two  members  of  the  Board  shall  constitute  a  quorum. 

5.  It  shall  be  the  duty  of  the  Board  to  ascertain 
the  wages  paid  and  the  hours  and  conditions  of  labour 
and  employment  in  the  various  occupations,  trades,  and 
industries  in  which  females  are  employed  in  this  Pro- 
vince, and  to  fix  the  minimum  wage,  the  maximum  hours, 
and  such  conditions  of  labour  and  employment  as  in  the 
opinion  of  the  Board  seem  necessary  or  expedient  for 
the  welfare  of  employees.  The  Board  shall  have  full 
power  and  authority,  either  by  any  member  of  the  Board 
or  by  any  duly  authorized  representative,  to  inspect  and 
examine  any  and  all  books,  pay-rolls,  and  other  records 
of  any  employer  that  in  any  way  appertain  to  or  have 
any  bearing  upon  the  question  of  wages,  hours,  or  condi- 
tions of  labour  and  employment  of  any  employees,  and 
to  take  extracts  from  or  make  copies  of  any  entries  in 
such  books,  pay-rolls,  and  records,  and  to  require  from 
any  employer  full  and  true  statements  of  the  wages  paid 
to  his  employees  and  the  hours  and  conditions  of  labour 
and  employment  of  such  employees.  A  register  of  the 
names,  ages,  and  residence  address  of  all  employees 
shall  be  kept  by  employers. 

7.  If,  after  investigation,  the  Board  shall  find  that 
in  any  occupation,  trade,  or  industry  the  wages  paid  to 
employees  are  inadequate  or  the  hours  of  labour  are  ex- 


294 

cessive,  the  Board  is  empowered  to  call  a  conference 
composed  of  an  equal  number  of  representatives  of 
employers  and  employees  in  the  occupation  or  industry 
in  question,  together  with  one  or  more  disinterested 
persons  representing  the  public;  but  the  representatives 
of  the  public  shall  not  exceed  the  number  of  represen- 
tatives of  either  of  the  other  parties;  and  a  member  of 
the  Board  shall  be  a  member  of  such  conference  and 
chairman  thereof.  The  Board  may  make  rules  and  regu- 
lations governing  the  selection  of  representatives  and 
the  mode  of  procedure  of  said  conference,  and  shall  exer- 
cise exclusive  jurisdiction  over  all  questions  arising  as 
to  the  validity  of  the  procedure  and  of  the  recommen- 
dations of  said  conference.  On  request  of  the  Board, 
it  shall  be  the  duty  of  the  conference  to  recommend  to 
the  Board  an  estimate  of  the  minimum  wage  proper  in 
the  occupation  or  industry  in  question,  and  adequate  to 
supply  the  necessary  cost  of  living,  and  also,  when  so 
requested,  to  recommend  the  maximum  hours  of  labour 
proper  in  the  occupation  or  industry.  The  findings  and 
recommendations  of  the  conference  shall  be  made  a  mat- 
ter of  record  for  the  use  of  the  Board. 

8.  Upon  the  receipt  of  such  recommendations  from 
a  conference,  the  Board  shall  review  the  same,  and  may 
approve  any  or  all  of  such  recommendations,  or  it  may 
disapprove'any  or  all  of  them  and  recommit  the  subject 
of  the  recommendations  disapproved  of  to  the  same  or 
a  new  conference.  After  such  approval  of  the  recom- 
mendations of  a  conference  the  Board  shall  issue  an 
obligatory  order  specifying  the  minimum  wage  for 
employees  in  the  occupation  affected  and  may  also 
specify  such  maximum  hours  of  labour  and  such  condi- 
tions of  labour  and  employment  as  are  deemed  neces- 
sary or  expedient  for  the  welfare  of  the  employees. 

15.  This  Act  shall  not  apply  to  farm-labourers, 
fruit-pickers,  or  domestic  servants  or  their  employers. 


295 

Manitoba. 

The  Mininmm  Wage  Act,  1918    (Chapter  38.)  Amended, 
1920. 

2.  (e)  "Employee^'  means  and  includes  every  fe- 
male worker  employed  in  any  mail  order  house,  shop, 
office,  place  of  amusement,  or  factory  in  any  city  in  Man- 
itoba who  is  in  receipt  of  or  is  entitled  to  compensation 
for  labor  performed  for  any  such  employer. 

(f)  ^^Shop^^  means  and  includes  any  barber  shop 
and  any  building  or  portion  of  a  building,  booth,  stall 
or  place  where  goods  are  exposed  or  offered  for  sale  by 
retail  and  without  limiting  the  generality  of  the  forego- 
ing means  and  includes  all  places  where  the  trade  or 
business  carried  on  is  that  of  a  tobacconist,  news-agent, 
messenger  service,  hotel,  inn,  tavern,  victualling  house, 
restaurant,  or  refreshment  house,  and  sale  by  retail  shall 
be  deemed  to  include  sale  by  auction. 

3.  (1)  For  the  purpose  of  this  Act  there  is  hereby 
created  a  board,  to  be  called  **The  Minimum  Wage 
Board,  ^'  to  be  appointed  by  the  Lieutenant-Governor- 
in-Council,  on  the  recommendation  of  the  Minister,  and 
to  consist  of  five  persons  as  follows : 

(a)  Two  representatives  of  employers,  one  of  whom 
shall  be  a  female. 

(b)  Two  representatives  of  employees,  one  of  whom 
shall  be  a  female. 

(c)  One  disinterested  person  to  be  chairman  of  the 
Board,  who  shall  not  be  directly  or  indirectly  connected 
with  employers  or  employees. 

4.  The  said  Board  is  hereby  authorized  and  em- 
powered to  ascertain  and  declare,  and  to  make  all  neces- 
sary orders  relative  to: 

(a)  Standards  of  minimum  wages  for  employees, 
and  what  wages  are  adequate  to  supply  the  necessary 
cost  of  living  to  employees,  and  maintain  them  in  health. 


296 

(b)  iStandards  of  hours  of  employment  for  em- 
ployees, and  what  are  reasonable  hours  for  employees 
in  any  occupation  within  the  meaning  of  this  Act. 

(c)  Standards  of  conditions  of  labor  for  employees, 
and  what  surroundings  or  conditions,  sanitary  or  other- 
wise, are  essential  to  the  health  or  morals  of  employees 
in  any  such  occupation. 

9.  The  Board  may  at  its  discretion  make  an  order 
extending  the  provisions  of  this  Act  to  any  portion  of 
Manitoba  not  in  any  city,  and  any  such  order  when  made 
shall  have  the  same  force  and  effect  as  if  such  portion 
of  Manitoba  were  part  of  a  city. 

17.  Any  employer  who  violates  any  of  the  provisions 
of  this  Act  or  of  any  order,  rule  or  regulation  of  the 
Board,  shall  be  guilty  of  an  offence  and  upon  conviction 
thereof,  before  a  Police  Magistrate  shall  be  punished 
by  a  fine  of  not  less  than  $25.00,  nor  more  than  $100.00, 
and  in  default  of  payment  by  imprisonment  for  not  less 
than  ten  days  nor  more  than  three  months  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the 
Police  Magistrate  trying  the  charge. 


297 

Nova  Scotia. 

Minimum  Wage  for  Women  Act,  1920.    (Chapter  11,) 

An  Act  to  provide  for  fixing  a  minimum  wage  for  women 
employed  in  factories  and  shops.  -   - 

2.  In  this  Act  unless  the  context  otherwise  re- 
quires— 

(e)  the  expression  '* Employee'^  means  any  fe- 
male person  who  is  in  receipt  of  or  who  is  entitled 
to  any  compensation  for  the  labour  or  services  per- 
formed in  a  factory  or  shop ; 

3.  (1)  There  shall  be  a  board  to  be  called  ^^The 
Minimum  Wage  Board." 

(2)  There  shall  be  five  members  of  the  Board,  two 
of  whom  shall  be  females. 

(3)  The  members  of  the  Board  shall  be  appointed 
by  the  Govemor-in-Council  and  may  be  paid  such  com- 
pensation for  their  services  and  expenses  as  the  Gover- 
nor-in-Council  determines. 

4.  (1)     The  Board  shall  have  authority — 

(a)  to  ascertain  and  declare  what  wages  are  ade- 
quate to  furnish  the  necessary  cost  of  living  to  em- 
ployees and  where  not  inconsistent  with  the  provi- 
sions of  the  Nova  Scotia  Factories  Act  or  Chapter 
124  Eevised  Statutes,  1900,  what  are  reasonable 
hours  and  proper  sanitary  conditions  and  require- 
ments for  those  employed  in  factories  or  in  shops, 
or  in  any  particular  factory  or  in  any  particular 
shop,  or  in  any  class  of  factories  or  in  any  class  of 
shops ; 

(b)  to  establish  standards  of  minimum  wages 
and  of  hours  of  employment  for  such  employees ; 

(c)  for  the  purpose  of  this  section  to  make  all 
necessary  orders. 

11.  Every  employer  who  employs  an  employee  at 
less  than  the  minimum  wage  to  which  she  is  entitled,  or 


298 

who  violates  any  other  provision  of  this  Act,  or  of  any 
order  or  regulation  of  the  Board  shall  be  liable  on  sum- 
mary conviction  to  a  penalty  of  not  less  than  $25.00  and 
not  more  than  $100.00. 

14.  This  Act  shall  apply  only  tcf  the  Cities  and  In- 
corporated Towns  of  Nova  Scotia,  but  from  time  to  time 
the  Govemor-in-Council  on  the  recommendation  of  the 
Board  may  order  that  this  Act  shall  apply  to  any  por- 
tion of  the  Province  outside  of  a  City  or  Incorporated 
Town,  and  thereupon,  this  Act  shall  apply  to  the  portion 
of  the  Province  mentioned  in  such  order. 

15.  This  Act  shall  come  into  force  on,  from  and 
after  and  not  before  such  day  as  the  Govemor-in-Coun- 
cil orders  and  declares  by  proclamation. 


299 
Ontario. 

The  Minimum  Wage  Act,  1920,    (Chapter  10.) 

2.  (d)  ^  ^ Employee ' '  shall  mean  and  include  every 
female  person  in  any  trade  or  occupation  in  Ontario  who 
works  for  wages ; 

3.  For  the  purposes  of  this  Act  there  shall  be  estab- 
lished a  board  composed  of  five  persons,  two  of  whom 
shall  be  women,  appointed  by  the  Lieut enant-Grovemor  in 
Council,  and  the  board  shall  be  a  body  corporate  under 
the  name  of  **The  Minimum  Wage  Board.  *' 

12.  After  due  enquiry  the  board  may  establish  a 
minimum  wage  for  employees  in  any  trade,  occupation 
or  calling  in  Ontario,  but  a  wage  lower  than  the  minimum 
wage  may  also  be  established  by  the  board  for  employees 
classified  as  handicapped,  or  part-time  employees  or  as 
apprentices. 

13. — ^(1)  Where  it  is  made  to  appear  to  the  board 
that  the  scale  of  wages  or  the  method  of  determining 
the  same,  payable  to  any  class  of  employees,  is  inadequate 
or  unfair  the  board  may  direct  a  conference  between  rep- 
resentatives of  employers  and  employees  in  the  class  of 
employment  in  question  for  the  purpose  of  reaching  an 
agreement  and  recommending  to  the  board  minimum 
wages  to  be  payable  in  that  class  of  employment. 

(2)  The  board  may  provide  for  the  selection  of  such 
representatives  by  the  employers  and  employees  re- 
spectively, but  every  conference  shall  consist  of  an  equal 
number  of  representatives  of  employers  and  employees 
respectively. 

14. — (1)  The  board  shall  appoint  a  disinterested 
person  to  be  chairman  of  the  conference. 

(2)  The  chairman  shall  not  vote  in  the  conference 
but  may  advise  and  direct  the  representatives  of  the  con- 
ference as  to  their  procedure  and  shall  to  the  best  of  his 
ability  assist  the  conference  in  arriving  at  a  just 
conclusion. 


300 

15.  The  conference  shall,  forthwith,  proceed  to  the 
investigation  and  discussion  of  the  matters  at  issue  and 
for  this  purpose  the  majority  of  the  members,  exclusive 
of  the  chairman,  shall  constitute  a  quorum. 

16.  The  conference  shall  report  its  conclusions  to  the 
board  in  writing,  signed  by  the  chairman,  but  a  minority 
of  the  members  of  the  conference  may  make  a  separate 
report  to  the  board.  Failure  of  the  conference  to  come 
to  an  agreement  touching  the  matters  in  dispute  shall  be 
reported  by  the  chairman  of  the  conference  to  the  board. 

17.  Upon  the  receipt  of  the  report  of  the  chairman  of 
the  conference  the  board  with  or  without  further  enquiry 
or  investigation,  may,  by  order  in  writing  signed  by  the 
chairman  of  the  board : 

(a)  Remit  the  matter  of  difference  to  the  same 
or  a  new  conference  for  consideration ; 

(b)  Or  forthwith  establish  a  minimum  wage  in 
the  class  of  employment  in  question. 

22.  (1)  Every  employer  who  contravenes  an  order 
of  the  board  by  the  payment  of  wages  of  less  amount  than 
that  fixed  by  the  board  shall  be  guilty  of  an  offence  and 
shall  incur  a  penalty  not  exceeding  $500  and  not  less  than 
$50  for  each  employee  affected,  and  in  addition  thereto 
shall  upon  conviction  be  ordered  to  pay  to  such  employees 
the  difference  between  the  wages  actually  received  and 
the  minimum"  wage  fixed  by  the  board. 


301 
Quebec. 

The  Woman^s  Minimum  Wage  Act,  1919,    (Chapter  11.) 

2.  This  Lieutenant-Governor  in  Council  may  ap- 
point, under  the  direction  of  the  Minister  of  PubUo- 
Works  and  Labour,  a  commission  consisting  of  three 
members,  one  of  whom  shall  be  the  Deputy  Minister  of 
Labour  or  any  other  person  designated  by  the  Minister 
and  who  shall  be  the  chairman  thereof,  and  the  two  others 
shall  be  appointed  by  the  Lieutenant-Grovemor  in  Council 
during  good  pleasure.  One  of  such  members  ma.y  be  a 
woman.  Two  members  of  the  commission  shall  be  a 
quorum. 

4,  The  jurisdiction  of  the  commission  shall  extend  to 
all  the  industrial  establishments  of  the  Province  as  de- 
fined in  articles  3829  and  3830  of  the  Revised  Statutes, 
1909. 

6.  If  the  commission  is  of  opinion  that  the  wages  or 
salaries  paid  in  an  industrial  establishment  coming  with- 
in the  purview  of  this  act,  are  insufficient,  it  may  con- 
vene in  a  conference  a  number  of  persons  who  shall  be 
selected  one-half  by  the  employers  and  one-half  by  the 
employees,  and  add  a  number  of  disinterested  persons  to 
it.  One  of  the  members  of  the  commission  shall  form 
part  of  such  conference  and  preside  at  the  same. 

After  hearing  the  employers  and  employees,  such 
conference  shall,  by  the  vote  of  the  majority  of  the  mem- 
bers constituting  it,  determine  the  minimum  wage  to  be 
paid  to  the  women  employed  in  the  special  industry  in 
question. 

The  commission  may  enact  such  rules  as  it  may  deem 
necessary  regarding  the  selection  of  the  members  of  the 
conference,  and  may  determine  the  procedure  to  be  fol- 
lowed thereat. 

7.  The  decision  of  the  conference  shall  be  submitted 
to  the  commission,  which  may  approve,  reject  or  amend 
the  same.    It  may  order  the  holding  of  a  new  conference. 


302 

The  decision  of  tlie  commission  fixing  a  minimum 
wage  shall  be  binding  upon  employers  and  employees. 

12.  Every  employer  who  employs  a  woman  at  wages 
lower  than  those  fixed  under  the  provisions  of  this  Act, 
after  the  decision  of  the  commission  has  come  into  force, 
shall  incur  a  penalty  of  not  more  than  fifty  dollars,  re- 
coverable on  summary  conviction  before  any  court  of 
competent  jurisdiction. 


303 
Saskatchewan. 
The  Minimum  Wage  Act,  1919.    (Chapter  84.) 

2.     (2)     **  Employee ''  includes  every  female  worker 
employed  in  a  shop  or  factory  in  any  city  in  Saskatche-- 
wan  who  works  for  hire : 

3. — (1)  There  shall  be  a  board,  to  be  called  the 
**  Minimum  Wage  Board/ ^  to  be  appointed  by  the  Lieu- 
tenant Governor  in  Council  and  to  consist  of  five  persons, 
two  of  whom  shall  be  females. 

4. — (1)     The  Board  shall  have  authority: 

(a)  to  ascertain  and  declare  what  wages  are  ade- 
quate to  furnish  the  necessary  cost  of  living  to  em- 
ployees; and,  subject  to  the  provisions  of  ^^The  Fac- 
tory Act,'^  what  are  reasonable  hours  and  proper 
sanitary  conditions  and  requirements  for  those  cm- 
ployed  in  any  occupation  to  which  this  Act  applies; 

(b)  to  establish  standards  of  minimum  wages 
and  of  hours  of  employment  for  such  employees,  and 
for  the  purposes  of  this  section  to  make  all  necessary 
orders. 

12.  An  employer  who  violates  the  provisions  of  this 
Act  or  of  any  order  or  regulation  of  the  board,  shall  be 
guilty  of  an  offence  and  liable  upon  summary  conviction 
before  a  police  magistrate  to  a  fine  of  not  less  than  $10 
nor  more  than  $100,  and  in  default  of  payment  to  im- 
prisonment for  not  less  than  ten  days  nor  more  than 
three  months. 

14.  This  Act  shall  apply  to  the  cities  of  Saskatche- 
wan, but  the  board  may  at  its  discretion  make  an  order 
extending  its  provisions  to  any  portion  of  the  province 
not  contained  within  a  city,  and  thereupon  the  Act  shall 
apply  to  the  prescribed  area  in  all  respects  as  if  it  were 
part  of  a  city. 


304 
Addenda  to  extracts  from  Canadian  minimum  wage  laws. 

Power  conferred  on  government  officials: 

To  issue  special  licenses  to  defective  women  and  ap- 
prentices: B.  C,  Sec.  10  (1);  Man.,  10;  N.  S.,  9;  Ont., 
18  (e);  Que.,  9;  Sas.,  9. 

To  limit  number  of  special  licenses:  Alta.  Sec.  26 
(a);  B.  C,  10  (2);  Ont.,  18  (e). 

To  investigate  for  compliance:  Alta.  Sec.  18  (c) ; 
Man.,  13;  Sas.,  13. 

To  compel  attendance  of  witnesses:  Alta.,  Sec.  18 
(e) ;  B.  C,  6;  Man.,  7  (a) ;  N.  iS.,  6;  Que.,  5;  Sas.,  5  (a). 

To  examine  under  oath:  Alta.,  Sec.  26a  (2);  Man., 
7  (a);  Sas.,  5  (a). 

To  compel  production  of  records:  Alta.,  Sec.  26a 
(2);  Man.,  7  (b) ;  N.  S.,  7;  Ont.,  18  (d) ;  Que.,  5;  Sas., 
5  (b). 

To  examine  records :  Alta.,  Sec.  18  (b) ;  B.  C,  5 ; 
Man.,  11;  Que.,  4. 

To  require  registry  of  employees:  Alta.,  Sees.  11, 
18(b) ;  B.  C,  5;  Man.,  11;  N.  S.,  8;  Sas.,  8. 

To  require  posting  of  notices:  Alta.,  Sec.  22;  B.  C, 
8;0nt.,  21;Que.,  7. 

Powers,  privileges  and  immunities  of  commissioners 
appointed  under  the  Public  Inquiries  Act,  1919:  B.  C, 
Sec.  6;N.  S.,  5;0nt.,  11. 

Penalties  to  employers  for  contravention  of  the  law: 
Alta.,  Sees.  11  (2),  18  (4),  22  (2),  56,  58;  B.  C,  12,  13; 
Man.,  17;  N.  iS.,  11;  Ont.,  22;  Que.,  12;  Sas.,  12. 

Liability  of  employers  because  of  discrimination 
against  employees:  B.  C,  Sees.  12,  13;  Man.,  16;  N.  S., 
10;  Sas.,  11. 

Employees'  right  to  recover  back  wages  from  em- 
ployers: B.  C,  Sec.  14;  Man.,  14;  N.  S.,  12;  Que.,  11; 
Sas.,  10. 


305 
(2.)    Increasing  Scope  of  the  Acts. 

(a)     Great  Britain. 

Hansard^s  Parliamentary  Debates.     Volume  107.    June 
17,  1918. 

Mr.  G.  Roberts,  Minister  of  Labor: 

^^'The  act  came  into  operation  on  1st  January,  1910, 
and  it  applied  in  the  first  instance,  to  the  four  trades  set 
out  in  the  Schedule.  Roughly  speaking,  there  are  200,000 
persons  normally  engaged  in  these  four  trades,  in  the 
proportion  of  86,700  men  and  143,500  females.  After 
three  years '  experience,  the  Board  of  Trade  was  so  satis- 
fied with  the  results  achieved  that  it  made  a  further  ex- 
tension by  means  of  the  Trade  Boards  Provisional  Order 
Confirmation  Bill  of  1913.  This  extension  brought  in 
sugar  confectionery  and  food  preserving,  shirt  making, 
and  linen  and  cotton  embroidery.  It  is  estimated  that 
190,000  additional  workpeople  were  affected  by  this  ex- 
tension in  the  proportion  of  23,000  males  and  167,000 
females.  Thus,  there  are  now,  approximately  390,000 
workers  under  the  Act,  of  whom  about  80,000,  or  roughly, 
20  per  cent,  are  males  and  about  310,000  females — ^I  be- 
lieve it  may  also  be  claimed  in  this  county  that  with  al- 
most universal  consent  the  Trades  Boards  Act  of  1909 
has  brought  a  great  deal  of  good,  not  only  on  behalf  of 
the  workers  engaged  in  the  trades  but  also  in  the  best 
interests  of  the  trades  themselves. ' '     (Pages  61-2.) 

'^In  conclusion,  I  want  to  urge  that  experience  war- 
rants the  extension  of  the  trade  board  system  under  the 
Bill  by  more  expeditious  means.  Our  experience  shows 
a  wide  improvement  in  the  wage  standards,  while  no 
legitimate  interests  have  been  prejudiced.  Organization 
has  been  improved,  elBQciency  has  been  stimulated  and, 
above  lall,  industrial  relationships  have  been  markedly 
bettered.  I  feel  that  everybody  who  has  come  into  con- 
tact with  the  representative  employers  and  workpeople 
who  constitute  the  membership  of  these  boards  will  agree 
to  the  last  statement.'*    (Page  70.) 


306 

Hansard's  Parliamentary  Debates.    Vol.  126.    March  17, 
1920.    London.    Extent  of  trade  hoards. 

Sir  Robert  Home,  Minister  of  Labor — in  reply  to  ques- 
tion: 

It  is  impossible  to  state  accurately  the  number  of 
workpeople  employed  in  trades  to  which  the  Trade  Board 
Acts  have  been  applied,  but  it  is  estimated  that  the  total 
number  is  over  2,000,000.  It  is  further  estimated  that 
about  2,500,000  are  engaged  in  trades  which  are  now 
being  investigated  with  a  view  to  the  application  of  the 
Trade  Boards  Acts.     (Pages  2188-9.) 

Fifth  Annual  Report  of  the  Minimum  Wage  Commission 
of  Massachusetts.    December  31,  1917. 

An  event  of  the  past  year  ....  has  been  the  pass- 
age, as  a  war  measure,  of  the  British  act  which  provides 
for  the  establishment  of  minimum  wages  for  farm  labor- 
ers. The  enactment  of  this  and  similar  regulations  in 
other  European  countries  during  the  years  1914-17  not 
only  gives  evidence  that  the  economic  conditions  result- 
ing from  the  war  have  failed  to  bring  about  such  in- 
creases in  the  prevailing  rates  of  wages  as  to  render 
minimum  wage  legislation  unnecessary,  but  on  the  con- 
trary, shows  that  the  need  for  governmental  action  has 
been  increased  in  a  large  number  of  trades  and  occupa- 
tions.    (Pages  9-10.) 

The  minimum  wage  movement  has  indeed  received 
a  marked  impetus  in  Europe  since  the  outbreak  of  the 
war.  Four  countries  in  which  no  such  legislation  had 
previously  been  enacted — ^namely,  France,  Germany, 
Austria  and  Switzerland — ^have  found  it  necessary  to 
make  provision  for  the  regulation  of  wages  by  govern- 
mental action  as  a  result  of  the  inadequacy  of  earnings 
to  meet  the  rising  cost  of  living.*    In  Great  Britain  legal 

*  For  information  regarding  these  regulations  see  United  States  Bureau  of 
Labor  Statistics  Monthly  Review,  December,  1915,  pp.  36-41,  and  September, 
1916,  p.  77  (relating  to  the  minimum  wage  law  for  female  home  workers  in  the 
clothing  industry  in  France)  ;  March,  1917,  pp.  362-365  (regulations  as  to  the 
wages  of  worliers  in  munitions  factories  in  France)  ;  and  December,  1917,  pp. 
113,  114  (Determination  of  Wages  by  the  State  in  Germany,  Austria  and 
Switzerland). 


307 

minimum  rates  have  been  put  into  effect,  under  the 
operation  of  the  Trade  Boards  Act,  in  three  new  trades 
employing  together  some  135,000  workers.!  In  addition 
the  sphere  of  government  control  over  wages  has  been 
extended  through  the  Munitions  of  War  (Amendment) 
Act  of  1916,}  which  authorized  the  Minister  of  Munitions" 
to  issue  orders  regulating  wages  in  the  many  establish- 
ments which  are  under  government  control,  and  more 
recently  by  the  passage  of  the  act  mentioned  above,  pro- 
viding for  the  establishment  of  an  Agricultural  Wages 
Board  for  the  fixing  of  minimum  rates  for  agricultural 
laborers.^ 


t  These  trades  which  were  specified  under  the  Trade  Boards  Provisional 
Orders  Confirmation  Act  of  Aug.  15,  1913,  are  as  follows:  sugar  confectionery 
and  food  preserving,  employing  about  80,000  workers ;  shirt-making,  employ- 
ing approximately  40,000  persons ;  tin  box  and  hollow  ware,  employing  to- 
gether about  15,000  persons  (United  States  Bureau  of  Labor  Statistics,  Bul- 
letin No.  167,  p.  174).  The  minimum  rates  of  wages  fixed  for  these  trades  be- 
came operative  in  Great  Britain  on  June  7,  1915;  July  5,  1915;  Nov.  29,  1915; 
and  Jan.  1,  1916,  respectively.  (Women's  Industrial  News,  London,  January, 
1916,  charts  facing  pp.  6  and  8.) 

t  In  a  summary  of  the  orders  relative  to  women's  wages  issued  by  the 
Ministrv  of  Munitions  up  to  April,  1917,  published  In  the  United  States  Bureau 
of  Labor  Statistics  Monthly  Review  for  August,  1917,  it  is  estimated  that 
through  the  government's  efforts  in  regulating  wages  in  controlled  establish- 
ments, "approximately  380,000  out  of  400,000  women  have  benefitted  by  wages 
adequate  to  maintain  them  in  health  and  efficiency,  while  to  a  very  large  pro- 
portion opportunity  has  been  given  to  augment  their  earnings"  (p.  119).  The 
wages  orders  issued  by  the  Ministry  of  Munitions  up  to  April  1,  1917,  apply  to 
women  and  girls  employed  in  government-controlled  establishments  engaged 
in  the  following  trades:  arms;  ammunitions  and  ordnances;  mechanical,  elec- 
trical, telegraphic  and  marine  engineering;  makers  of  electric  and  telegraphic 
accessories;  machine  tool  manufacture;  ship  building  and  repairing;  iron  and 
steel  works;  tube  works;  lead  and  copper  works;  foundries;  blast  furnaces; 
wire  and  cable  works;  textile  and  printing  machinery;  motors  and  cycles; 
air  craft:  constructional  engineering;  the  manufacture  of  saws  and  files;  cut- 
lery; silver  and  electroplate;  chemicals;  asbestos;  rubber;  optical  and  scientific 
instruments;  explosive  and  filling  factories;  mica;  and  woodwork  for  aircraft 
(p  127).  A  minimum  time  wage  of  £1  ($4.87)  per  week  of  forty-eight  hours  or 
less,  with  6d.  (12.2  cents)  for  each  additional  hour  up  to  fifty-four,  was  estab- 
lished for  women  employed  on  men's  work  (p.  125).  This  rate  was  increased 
to  24s.  ($5.76)  on  April  16,  1917,  because  of  the  rising  cost  of  living.     (Page  10). 

§  Com  Production  Act  of  Aug.  21,  1917.  For  analysis  of  the  provisions  of 
this  act  relating  to  the  establishment  of  an  Agricultural  Wages  Board,  see 
United  States  Bureau  of  Labor  Statistics  Monthly  Review  for  January,  1918,  pp. 
97-100.     (Page  11). 


308 

House  of  Commons.    Written  Answers  to  Questions, 

Sib  M.  Baklow  [Parliamentary  Secretary  of  the  Ministry 
of  Labor] .     November  29, 1920. 

The  number  of  trade  boards  in  operation  in  the  United 
Kingdom  at  the  present  time  is  61,  covering  about 
300,000  employers  and  3,000,000  workers.  The  cost  [of 
investigation,  administration,  and  inspection  in  connec- 
tion with  the  trade  boards]  for  the  six  months  ended  30th 
September,  1920,  was  £48,908.  The  cost  of  stationery 
and  printing  is  not  included  in  these  figures  nor  the  cost 
of  non-compliance  inspectors  under  the  National  In- 
surance (Unemployment)  Act,  who,  in  the  interests  of 
economy,  are  engaged  also  on  similar  work  under  the 
Trade  Boards  Act.     (Pages  963-4. ) 

Db.   MacNam!ara    [Minister  of  Labour].     December  1, 
1920. 

The  highest  general  minimum  time  rates  at  present 
in  operation  for  adult  workers  are : 

Males  and  females,  2s.  per  hour  for  workers  engaged 
in  surgical  work  in  the  boot  and  shoe-repairing  trade  in 
Great  Britain. 

The  lowest  minima  time  rates  in  operation  for  adult 
workers  are : 

Males,  Is.  per  hour  (for  packers  with  less  than  one 
year's  experience),  fixed  by  the  Coffins,  Furniture  and 
Cerement-making  Trade  Board  (Great  Britain). 

Females  4%d.  per  hour,  fixed  by  the  Linen  and  Cot- 
ton Embroidery  Trade  Board  (Ireland). 

The  number  of  inspectors  specially  appointed  for 
non-compliance  work  in  Great  Britain  under  the  Trade 
Boards  Acts  is  now  17.  I  have  also  made  arrangements 
by  which  the  general  non-compliance  staff  at  my  disposal 
can  be  trained  and  utilized  for  trade  board  work,  and  I 
have  authorized  67  officers  on  this  staff  to  assist  in  the 
enforcement  of  the  Trade  Boards  Acts  in  Great  Britain. 
There  are,  in  addition,  4  inspectors  appointed  for  work 
in  Ireland.     (Page  1283.) 


309 


(b)    In  Australia. 

Commonwealth  Bureau  of  Census  and  Statistics.  Labour 
and  Industrial  Report  No.  9.  Prices,  Purchasing 
Power  of  Money,  Wages,  etc.,  1918. 

Operations  Under  Arbitration  and  Wages  Boards  Acts. 

Particulars  of  Boards  and  of  Awards,  Determinations 
and  Industrial  Agreements  in  Force  at  31st  December, 
1913,  and  at  Approximately  Quarterly  Periods  to  31st 
December,  1918. 

Boards         Awards      Industrial 
Boards        Boards  which  or  De-  Afirree- 

Dates  Author-  Con-         had  made       termin-  ments 

ized  stituted     Awards  or        ations  in 

Determinations    in  Force'       Force 

31st  Dec,  1913 505  501  387*  575^  401 

30tb  April,  1914 525  509  422*  575  415 

30th  June,  1914 537  523  457*  584  429 

30th  Sept.,  1914 549  539  474  599  409 

31st  Dec,  1914 553  544  478  576^  369 

31st  March,  1915 560  551  486  589^  371 

30th  June,  1915 568  557  495  638  481 

30th  Sept.,  1915 582  570  495  644  498 

31st  Dec,  1915 573^  554^  498  663  546 

31st  March,  1916 580  558  495  651  553 

30th  June,  1916 589  571  512  678  581 

30th  Sept.,  1916 591  573  519  683  596 

31st  Dec,  1916 594  572  525  706  609 

31st  March,  1917 475«  470«  529  722  666 

30th  June,  1917 476  471  530  714  663 

30th  Sept.,  1917 478  473  441^  734  666 

31st  Dec,  1917 478  473  442  744  732 

31st  March,  1918 478  473  444  767  722 

30th  June,  1918 478  473  445  799  722 

30th  Sept.,  1918 480  475  445  843  812 

31st  Dec,  1918 267*  260^  445  866  833 

1  Including  awards  made  by  Arbitration  Courts. 

2  Owing  to  certain  restrictions  being  imposed  on  the  operations  of  Indus- 
trial Boards  in  each  State,  a  number  of  awards  which  expired  in  New  South 
Wales  during  these  periods  were  not  immediately  reviewed. 


310 

It  will  be  observed  from  the  particulars  set  out  in  the 
above  table  that  considerable  expansion  of  the  principle 
of  fixation  of  a  legal  minimum  rate  of  wage  and  of  work- 
ing conditions  took  place  during  the  five  years  ending 
31st  December,  1918.  Including  the  operations  under 
the  Commonwealth  Arbitration  Acts^  and  of  the  Western 
Australian  Industrial  Arbitration  Court  291  additional 
awards  or  determinations  were  in  force  at  the  end  of 
1918. 


(c)    In  Canada. 

Canadian  National  Industrial  Conference  of  Dominion 
and  Provincial  Governments  with  Representative 
Employers  and  Labour  Men,  on  the  subjects  of 
Industrial  Relations  and  Labour  Laws,  and  for  the 
consideration  of  the  Labour  Features  of  the 
Treaty  of  Peace.    Ottawa,  September  15-20,  1919, 

Message  of  Sir  Robert  Borden.  Prime  Minister  of 
Canada : 

It  is  perfectly  idle  to  expect  that  grave  and  difficult 
questions  will  not  arise  between  employer  and  employed 
in  this  country.    Those  questions  must  be  solved  in  such 

3  Excluding  awards  or  determinations  wliich  expired  in  New  South  Wales 
(under  the  Act  of  1908)   on  31st  December,  1913. 

4  Owing  To  a  number  of  Awards  made  under  the  N.  S.  W.  Industrial  Dis- 
putes Act  (1908)  but  still  in  force,  the  Boards  constituted  for  such  industries 
under  the  Industrial  Arbitration  Act  had  not  made  any   awards. 

5  See  remarlcs  with  respect  to  re-authorization  of  Boards  in  New  South 
Wales,  Labour  Bureau  No.  12,  p.  47. 

6  Reduction  in  the  number  of  Boards  authorized,  constituted  and  in  exist- 
ence is  due  to  the  dissolution  of  all  Boards  appointed  under  the  Queensland 
Industrial   Peace  Act  1912. 

7  Exclusive  of  Queensland  Boards  appointed  under  the  Industrial  Peace 
Act  1912.  The  work  of  these  Boards  is  now  undertaken  by  the  Court  of  Arbi- 
tration constituted  under  the  Industrial  Arbitration  Act  of  1916. 

8  On  the  13th  December,  1918,  an  order  was  made  by  the  New  South  Wales 
Court  of  Industrial  Arbitration  recommending  the  reconstitution  of  220  Indus- 
trial Boards  which  had  lapsed  by  effluxion  of  time,  and  on  the  19th  February, 
1919,  such  Boards  were  constituted. 

9  The  Commonwealth  Conciliation  and  Arbitration  Act  1904-18,  and  the 
Commonwealth   (Public  Service)   Arbitration  Act  1911. 


311 

reasonable  manner  and  by  such  effective  methods  as  will 
command  the  confidence  of  both  capital  and  labour.  On 
the  one  hand  employers  must  realize  that  out  of  the 
horror  and  welter  of  this  war  new  ideals  have  been 
evolved  and  new  conditions  established.  Industrial  de- 
velopment and  supremacy  have  sometimes  been  pur- 
chased at  a  price  greater  than  any  people  can  afford  to 
pay.  I  am  speaking  not  of  conditions  in  this  country,  but 
of  those  which,  to  my  knowledge,  have  prevailed  else- 
where. The  physical  degeneracy  of  a  considerable  por- 
tion of  the  population  is  too  high  a  price  to  pay  for 
domination  of  the  world's  markets.  If  in  any  lines  of 
industrial  development  we  cannot  hold  our  own  without 
so  terrible  a  sacrifice,  then  such  lines  ought  to  be  aban- 
doned and  our  effort  directed  elsewhere.  Labour  is 
something  more  than  a  commodity.  The  physical  well- 
being  and  the  moral  welfare  of  the  people  should  go  hand 
in  hand.  Standards  of  living  which  are  regarded  as 
satisfactory  in  some  industrial  communities  of  the  world 
cannot  be  tolerated  in  this  country.  The  employer  if  he 
is  wise,  will  concern  himself  with  all  the  recommenda- 
tions* and  suggestions  laid  down  in  the  Peace  Conference 
as  to  hours  of  labour,  sanitary  conditions,  protection  of 
women  and  children,  and  the  general  welfare  of  the  la- 
bouring man.  There  can  be  no  permanent  or  satisfactory 
industrial  development  which  is  not  founded  on  the  wel- 
fare of  the  labouring  population  which  maintains  it. 
(Pages  6-7.) 


*  Report  of  Committee  on  Minimum  Wage  Laws — adopted  unanimously : — 
Therefore  be  it  resolved  that  this  Industrial  Conference  recommend  to  the 
Governments  of  all  those  provinces,  which  have  not  adopted  Minimum  Wage 
Laws  for  Women  and  Children,  the  speedy  investigation  of  the  necessity  for 
such  laws,  and,  if  so  found,  the  enactment  of  such  legislation.     (Page  viil.) 


312 
3.    In  Other  Foreign  Countries. 

Minimum  wage  legislation  in  other  foreign  countries, 
the  Argentine,  France  and  Norway,  is  aimed  to  prevent 
sweating  in  home  work.  During  the  war  France,  Ger- 
many and  Austria  passed  laws  to  regulate  the  wages 
of  munition  or  auxiliary  service  workers. 

(1)     In  the  Argentine. 

British  Labour  Gazette,  Volume  27,  No.  2,  February 
1919.  Trade  Boards  in  the  Argentine.  New  Law. 
[Fall  1918]. 

The  law  applies  to  all  persons  without  distinction  of 
sex  (other  than  domestic  servants)  **who  execute  at  home 
habitually  or  vocationally,  work  or  manual  labor  for  other 
person's  account/' 

Trade  boards  are  to  be  set  up  by  the  National  Depart- 
ment of  Labour  for  every  industry  in  which  home  work- 
ers are  employed  in  towns.  The  trade  boards  are  to  be 
composed  of  equal  representatives  of  the  employers  and 
of  the  work  people.  *  *  *  When  the  trade  boards  are 
considering  the  determination  of  a  minimum  rate  of 
wages  they  are  to  take  into  consideration  the  nature  of 
the  work,,the  price  paid  locally  for  the  article  manufac- 
tured, the  minimum  wage  received  by  the  work  people  in 
the  factories  of  the  district  which  produce  the  same  or  a 
similar  article,  local  habits,  house  rents  and  the  prices 
of  food  in  the  district ;  and  the  value  of  the  commodities 
or  tools  necessary  to  the  worker  to  carry  on  his  employ- 
ment. Every  owner  *  *  *  ^ho  employs  outworkers 
is  to  keep  a  register  of  them,  which  is  to  be  open  to 
inspection.     (Page  43.) 


313 
(2)     In  France. 

United  States  Department  of  Labor  Statistics.  Monthly 
Labor  Review,  Vol.  1.  No.  6.  December,  1915. 
Minimwn  Wage  Law  in  France. 

France  adopted  the  principle  of  the  minimnm  wage 
by  enacting  a  law  on  July  10,  1915  providing  for  the  fix- 
ing by  special  boards  of  such  a  wage  for  women  em- 
ployed in  home  work  in  the  clothing  industry.  The  law 
was  enacted  unanimously  by  the  Senate  and  the  Chamber 
of  Deputies.  Its  origin  [is  due]  to  sweating  of  women 
in  home  work;  and  [the  Minister  of  Labor  states]  al- 
though partly  a  war  measure  it  is  nevertheless  a  piece 
of  permanently  valuable  legislation. 

The  law  applies  more  particularly  to  the  execution  of 
work  at  home  in  the  manufacture  of  clothing,  hats,  boots 
and  shoes,  white  goods,  embroidery,  lace,  feathers,  and 
artificial  flowers.  The  application  of  the  law  [may  be 
extended]  to  other  trades  by  a  ministerial  order. 

The  law  provides  for  the  establishment  of  special  wage 
boards  in  the  principal  town  of  each  Department  [unless] 
councils  of  labor  [exist]  consisting  of  [elected]  employ- 
ers and  employees  in  equal  number.* 

Three  steps  in  the  establishment  of  the  minimum 
wage  are  to  be  noted:  (1)  The  determination  of  the  cus- 
tomary or  ruling  rates  of  wages  which  can  be  earned 
by  a  woman  of  average  capacity  working  10  hours  per 
day  by  the  labor  council  or  special  wage  board;  (2) 
determination  of  the  minimum  time  required  *  *  *  to 
make  a  completed  article  by  a  special  board  of  trade 
experts ;  (3)  the  final  fixing  by  employers  of  the  resulting 
rates  for  the  particular  piece  of  work  to  be  executed  by 
the  home  worker.    (Pages  36-37.) 

*Wiage  boards  were  established  in  22  departments  and  minimum  wages 
determined.  (U.  S.  Dept.  of  Labor.  Monthly  Labor  Review.  Vol.  3. 
No.  3.     Sept.  1916.     P.  7.) 


314 

United  States  Department  of  Labor  Statistics.  Monthly 
Labor  Review,  New  Regulations  as  to  Wages  of 
Workers  in  Munition  Factories,  Jamuury  17, 1917. 
Volume  IV,    No.  3.    March,  1917, 

A  basic  rate  is  established  for  occupations  in  Paris 
and  the  Department  of  tlie  Seine.  The  basic  rate  shall 
be  uniform  for  all  workers,  male  and  female,  performing 
identical  work.  The  lowest  wages  paid  must  assure  the 
minimum  necessary  to  provide  a  living.  (Pages  362- 
363.) 


(3)     In  Norway. 

United  States  Bureau  of  Labor  Statistics,  Monthly 
Labor  Review,  Vol.  VII,  No,  3,  September,  1918, 
Minimum  Wage  Legislation  in  Norway, 

A  law  of  February  15,  1918,  which  took  effect  July  1, 
creates  for  Norway  a  home  workers  commission  or  board. 
The  fact  that  the  law  continues  in  effect  only  five  years — 
i,  e,,  to  June  30,  1923 — suggests  the  experimental  nature 
of  the  legislation.  The  commission  is  composed  of  a  non- 
partisan chairman  and  vice-chairman  and  at  least  two 
additional  members,  but  not  more  than  four,  represent- 
ing equally  workers  and  employers  in  the  trades  within 
the  scope* of  the  act.  Women  may  be  appointed  to 
membership  by  the  Crown  equally  with  men.  Special 
wage  boards  are  to  be  established  in  the  trades  covered 
whenever  the  commission  deems  it  advisable  or  upon  re- 
quest of  at  least  six  workers  or  employers  in  any  trade. 
These  wage  boards  may  be  appointed  for  a  single  trade, 
for  the  related  branches  of  a  trade,  for  a  locality,  or  for 
a  group  of  localities. 

The  home  workers  commission  is  given  authority  to 
investigate  and  study  labor  conditions  in  all  places  where 
home  work  is  carried  on,  to  recommend  legislation,  and 
to  ^x  minimum  wages  in  certain  limited  occupations. 
The  authority  of  the  commission  in  the  matter  of  fixing 


315 

minimum  wages  is  limited  to  home  work  in  the  manu- 
facture of  clothing  and  articles  of  needlework.  Subse- 
quent governmental  regulations  will  define  such  trades, 
and  may  also  add  other  trades  and  occupations.  If  the 
home  workers  commission  finds  wages  inadequate  in  any 
of  the  trades  specified  it  appoints  a  wage  board  to  fix 
minimum  wages,  and  the  award  of  such  board  is  subject 
to  modification  and  revision  by  the  commission  before 
being  published  'and  put  into  effect.  The  rates  may  be 
revised  at  any  time  during  the  continuance  of  an  award 
if  it  is  found  that  the  award  is  adversely  affecting  the 
workers  in  a  trade  or  if  home  work  is  being  displaced 
as  a  result  of  the  taward. 

In  fixing  minimum  rates  consideration  is  to  be  given 
to  the  customary  rates  in  any  locality  for  the  same  or 
similar  work,  and  the  existing  relationship  between  the 
rates  in  factory  and  home  work  so  that  factory  work  may 
not  come  to  displace  home  work.  The  earnings  of  a 
worker  of  average  ability  are  to  be  taken  as  the  standard. 
Piece  rates  may  also  be  fixed  by  wage  boards. 

Every  employer  and  intermediary  is  required  to  keep 
a  separate  register  of  home  workers  employed,  the  list 
to  be  filed  each  year  with  the  local  inspecting  authorities 
and  with  the  commission.    (Pages  204-205.) 


(4)     In  Germany  and  Austria. 

United  States  Department  of  Labor  Statistics.    Monthly 
Labor  Review.    Vol.  V.    No.  6.    December,  1917. 

In  Germany  the  first  step  to  induce  the  government  to 
fix  minimum  wages  was  taken  January,  1911,  by  the  con- 
ference of  German  home  workers,  which  in  a  resolution 
requested  the  government  to  ^x  by  legislation  minimum 
wages  for  home  workers,  so  that  in  order  to  earn  a  living 
they  would  no  longer  be  forced  to  work  excessive  over 
time.  This  resolution  brought  no  immediate  results  but 
during  the  present  war  the  government  in  awarding  con- 
tracts for  war  material  has  often  prescribed  minimum 


316 

wages  for  home  workers,  and  the  national  auxiliary  ser- 
vice law,  while  making  labor  compulsory,  also  provides 
that  the  wage  and  general  labor  conditions  must  cor- 
respond to  present  living  conditions. 

The  Austrian  auxiliary  service  law,  which  is  much 
stricter  than  the  corresponding  Gennian  law,  also  pro- 
vides that  the  wages  of  labor  employed  under  the  law 
must  correspond  to  local  living  and  labor  conditions  and 
provides  special  commissions  for  the  enforcement  of  this 
provision.  These  commissions  have  authority  to  decide 
all  disputes  relating  to  wages.  *  *  *  (Pages  113- 
114.) 


317 


PART  THREE 

THE  NEED  FOR  MINIMUM  WAGE  LEQISLATION 
IN  THE  UNITED  STATES. 

1.     WAGES  OF  WOMEN. 

(1)  In  Certain  Industries  and  Occupations  the  Level  of 
Wages  Is  Below  the  Cost  of  Living. 

Recent  authoritative  statistics  show  that  in  certain 
industries,  the  average  wage  is  too  low  to  maintain  the 
workers  in  health  judged  even  by  the  most  meagre  stand- 
ard. In  these  low  paid  industries  some  workers  earn  a 
living  wage  but  their  number  is  inconsiderable. 

In  the  more  skilled  industries  certain  occupations  do 
not  pay  a  living  wage,  for  example,  stemming  and  strip- 
ping tobacco  and  banding  cigars,  quilling  and  winding 
silk,  and  machine  operating  on  house  dresses. 

In  certain  states  or  cities  wages  are  low  in  skilled  oc- 
cupations which  ordinarily  command  the  best  wages. 

Bulletin  of  the  United  States  Bureau  of  Labor  Statist 
tics,  No.  265,  Industrial  Survey  in  Selected  In- 
dustries in  the  United  States,  1919.  Preliminary 
Report.    May,  1920. 

This  Bulletin  contains  a  summary  report  on  the  wages 
and  hours  of  labor  in  28*  industries  included  in  the  indus- 
trial survey  undertaken  by  the  Bureau  of  Labor  Statis- 
tics at  the  request  of  the  War  Industries  Board. 
(Page  5.) 

In  the  selection  of  industries  the  greatest  weight  was 
given  to  the  number  of  wage  earners  employed  in  them. 
(Page  6.) 

In  determining  which  States  should  be  covered  in  any 
industry  the  choice  was  made  on  the  basis  of  the  im- 
portance of  the  State  in  the  industry,  and  not  on  the 
basis  of  the  importance  of  the  industry  in  the  State. 

For  each  industry  in  each  State  a  sufficient  number 
of  representative  establishments  was  included  to  insure 
fairly  typical  results.     (Page  7.) 

♦In  seven  industries,  as  coal  mining,  brick  making,  logging,  etc.,  no 
women's  wages  were  reported. 


318 

[Wage  earners]  who,  either  because  of  their  youth  or 
inexperience  or  partial  incapacity,  were  receiving  a  wage 
distinctly  below  the  normal;  [were  not  included]. 
(Page  9.) 

The  hours  and  earnings  used  in  computing  the  tables 
are  in  all  instances  hours  actually  worked  and  earnings 
actually  received  by  individual  employees.  No  establish- 
ment was  taken  unless  some  way  could  be  discovered  of 
determining  the  amount  of  bonus  to  which  the  employee 
became  entitled  as  a  result  of  his  labor  during  the  pay- 
roll period  for  which  his  wages  were  ascertained ;  and  the 
amount  put  down  as  his  earnings  for  the  period  consists 
of  his  wages  plus  the  bonus.     (Page  10.) 

In  many  cases  the  pay  rolls  did  not  give  [the  hours 
actually  worked  for  each  individual],  and  it  was  neces- 
sary to  have  recourse  to  the  time  cards,  and  to  determine 
for  each  employee  the  total  hours  worked  by  him  by 
adding  the  hours  worked  day  by  day  through  the  pay- 
roll period. 

No  establishment  was  included  in  the  survey  unless 
the  management  kept  for  the  Bureau  by  special  arrange- 
ment a  careful  day-by-day  record  of  the  time  worked  loy 
each  piece-worker  during  the  selected  pay-roll  period. 

In  a  large  proportion  of  the  establishments  the  sched- 
ules were  filled  out  for  a  single  pay-roll  period.  In  a  few 
cases,  where  the  bonus  period  extended  over  two  or  more 
pay-roll  periods,  schedules  covering  the  entire  bonus  pe- 
riod were  filled  out. 

Every  effort  was  made  to  eliminate  so  far  as  possible 
the  disturbing  effect  of  this  factor  [i.  e.,  changes  in  the 
intensity  of  productive  activity]  of  the  situation  by 
scheduling  only  establishments  running  full  time.  .  .  . 
(Page  11.) 

The  figure  selected  [to  present  time  worked]  is  one 
representing  the  average  number  of  hours  per  day  actu- 
ally worked  by  each  employee. 

The  method  adopted  .  .  .  was  to  divide  the  hours 
worked  by  each  employee  by  the  number  of  week  days, 
excluding  holidays,  in  the  pay-roll  period  of  the  estab- 
lishment in  which  he  was  employed.     (Page  13.) 

[The  average  earnings  per  hour  were]  found  by  di- 
viding the  total  earnings  of  each  employee  by  the  num- 


319 


ber  of  hours  actually  worked  by  him  during  the  pay-roll 
period.     (Page  18.) 

The  information  here  presented,  summarizing  as  it 
does  the  wages  and  hours  of  more  than  400,000*  wage 
earners,  may  be  relied  upon  as  furnishing  a  picture  of  in- 
dustrial conditions  at  the  time  of  the  survey  which  is  en- 
tirely accurate  in  its  general  outlines  and  reasonably  so 
even  in  minor  details.     (Page  19.) 

a.  Showing  average  earnings  of  women  workers 
throughout  the  United  States  in  21  industries. 

Computed 
average 
Average  earnings 

hours    Average    per  week 
worked  earnings    if  6  days 
No.  of      No.  of  Em-    per  week  per  hour     were 
Industry  States  ployees  day        worked    worked 

Glass  9  1,903  7.3  $0,231  $10.12 

Confectionery  19  11,176  7.4  .231  10.25 

Furniture  12  915  8.1  .214  10.40 

Boxes,  paper 10  4,297  7.5  .242  10.89 

Chemicals  16  710  7.5  .272  12.24 

Overalls    19  6,439  6.7  .305  12.26 

Hosiery  and  under- 
wear    15  13,374  7.6  .286  13.04 

Leather  8  1,054  6.9  .317  13.12 

Pottery  4  1,115  6.8  .324  13.22 

Paper  and  pulp  14  1,947  8.0  .278  13.34 

Typewriters  10  3,433  7.8  .300  14.04 

Foundries 11  83  7.1  .333  14.19 

Electrical     machin- 
ery    8  1,618  7.6  .322  14.68 

Clothing,  men's  9  9,725  7.3  .338  14.80 

Cigars  10  11,278  7.6  .326  14.87 

Kubber  9  3,420  7.6  .326  14.87 

Iron  and  steel  2  159  6.1  .419  15.34 

Silk  7  5,608  7.8  .335  15.68 

Machine  tools 6  154  7.7  .345  15.94 

Clothing,  women's...  7  6,782  7.4  .368  16.34 

Automobiles  7  622  7.8  .380  17.78 

Total  32       85,812      7.5        .301    $13.54 

(Computed.)     (Page  38.) 

•Only  the  wages  of  the  85,812  women  are  summarized  here. 


320 


b.  Showing  the  lowest  paid  occupations  in  the  21 
industries* 

Computed 
average 
Average  earnings 

hours    Average    per  week 
worked  earnings    if  6  days 
No.  of  Es-  No.  of  Em-    per  week  per  hour     were 
Occupation  tablishments    ployees  day         worked    worked 

Boxes  J  paper 

Tumers-in 38  306  7.4  $0,191  $8.48 

Laborers  26  221  7.0  .218  9.16 

Closers  and  inspec- 
tors    37  338  7.3  .212  9.29 

Gluers-off 40  247  7.5  .212  9.54 

Strippers  and  top 
and    bottom    pa- 

perers  58  733  7.7  .242  11.18 

Table  workers  73  1,258  7.6  .250  11.40 

Scrappers   15  145  7.4  .269  11.94 

Stayers  up m  324  7.6  .262  11.95 

Coverers  47  272  7.9  .268  12.70 

Gluing  nuachine 22  217  7.6  .283  12.90 

Chemicals 

Laborers  30  710      7.5        .272     12.24 

Cigars 

Stemmers  or  Strip- 
pers, hand  71         2,342      7.4        .201       8.92 

Banders,  hand 53  370      Q.^        .256      10.14 

Stemmers  or  Strip- 
pers, machine 44  381      7.4        .234     10.39 

Clothing,  men's 

Hand  sewers,  pants      42  440      7.2        .281     12.14 

Clothing,  Women's: 
Dresses  and  Waists 
Cleaners  22  104      7.3        .261     11.43 

♦Occupations  omitted  for  which  the  average  earnings  of  less  than  100  women 
were  reported. 


321 


No.  of  Bs-  No.  of  Em- 
Occupation  tablishments    ployees 

House  dresses 

Operators,   general      15  440 

Operators,     special 

miachiiie   14  103 

Confectionery 

Laborers  51  857 

Dippers,  macMne 68  1,296 

Packers  99  5,090 

Wrappers  62  1,253 

Candy     makers' 

helpers 31  209 

Dippers,  hand  94  2,386 

Electrical  machin- 
ery, Apparatus 
and  Supplies 

Inspectors 12  147 

Assemblers 22  708 

Furniture 

Laborers  35  301 

Sanders  hands 36  248 

Finishers  34  204 

Machine  hands  19  128 

Glass 

Labor,      boy      and 

factory  40         1,207 

Decorators  11  127 

Packers  21  478 

Hosiery  and  Under- 
wear 

Inspectors,  menders, 

folders  49         2,661 


Ayerage 

hours    Average 

worked  earnings 

per  week  per  hour 

day         worked 

Computed 
average 
earnings 

per  week 
if  6  days 

were 
worked 

7.2 

.281 

12.14 

7.7 

.274 

12.66 

7.5 
7.3 
7.3 
7.5 

.203 
.220 
.224 
.228 

9.14 

9.64 

9.81 

10.26 

7.8 
7.4 

.230 
.263 

10.76 
11.68 

7.7 
7.8 

.279 
.294 

12.89 
13.76 

8.0 
7.9 

8.1 
8.3 

.195 

.207 
.235 
.235 

9.36 

9.81 

11.42 

11.70 

7.2 
7.7 
7.4 

.219 
.246 

.258 

9.46 
11.37 
11.46 

7.4 


.267     11.85 


322 


No.  of  Es-  No.  of  Em- 
Occupation  tablishments    ployees 

Knitters,      footers, 

toppers  (hosiery)  21  1,095 

Pressers  15  188 

Winders  41  1,198 

Loopers    29  1,499 

Button  sewers 26  1,242 

Seamers   36  1,562 

Welters  17  334 

Knitters,     web     or 

tube  (underwear)  22  295 
Pmisbers     (under- 
wear)    28  2,715 

Leather 

Heavy  Upper 

Laborers 7  166 

Light  Upper 

Seasoners  7  243 

Laborers  10  148 

Overalls 

Examiners" 105  334 

Paper  and  Pulp 
Rag   workers    (pa- 
per)   , 18  400 

iSorters  (paper)  22  559 

Plater  girls  (paper)  12  285 

Cutter  girls  (paper)  49  480 

Counters  (paper)  ...  34  196 

Pottery 

Laborers    - 15  681 

Rubber,  footwear 

Laborers  5  669 


Computed 

average 

Arerage 

earnings 

hours 

Average 

per  week 

worked  earnings 

if  6  days 

per  week 

per  hour 

were 

day 

worked 

worked 

7.6 

.272 

12.40 

7.4 

.284 

12.61 

7.8 

.274 

12.82 

7.3 

.296 

12.96 

7.9 

.276 

13.08 

7.6 

.287 

13.09 

7.6 

.291 

13.27 

8.0 

.289 

13.87 

7.9 

.297 

14.08 

7.6 

.272 

12.40 

6.5 

.284 

11.08 

7.4 

.299 

13.28 

7.0        .286     12.01 


7.7 
8.0 
7.8 
8.1 
8.2 

.272 
.275 

.282 
.276 
.297 

12.57 
13.20 
13.20 
13.41 
14.61 

6.5 

.297 

11.63 

8.3 

.260 

12.95 

323 


Com;>uted 
average 
Average  earnings 

hours    Average    per  week 
worked  earnings    if  6  days 
No.  of  Bs-  No.  of  Em-    per  week  per  hour     were 
Occupation  tablishments    ployees  day         worked    worked 

Rubber,  mechanical 
goods    and    hose 
Laborers  10  499      7.3        .289     12.66 

SUk 

D  o  u  b  1  e  r  s,     silk 

throwing  9  146  7.8  .225  10.53 

Quillers  26  441  7.8  .237  11.09 

Eeelers  12  116  7.5  .259  11.66 

Winders  29  1,059  7.7  .265  12.24 

Spinners  9  375  7.5  .275  12.38 

Pickers,  cloth 24  335  7.5  .298  13.41 

Typewriters,  Add- 
ing Machines  and 
Cash  Registers 

Inspectors    (parts)       22  572      7.8        .275     12,87 

Assemblers         and 

welders   (parts)...      22  718      8.0        .282      13.54 

Drill  press  hands 
and  operators  22  547      7.7        .296     13.68 

(Computed.)  (Pages  76-82,  115,  120,  124,  125,  140, 
158, 163, 187-191,  208,  211,  237-239,  257,  259,  266-269,  271- 
273,  337,  343,  422,  440-442,  450,  457,  467,  482,  483,  485, 
503,  504,  506.) 


324 


c.  Showing  the  marked  difference  between  wa^ge  scales 
in  different  localities. 

(a)  In  the  lowest  paid  occupations. 


No.  of  Es-  No.  of  Em- 
Occupation  tablishments     ployees 

Boxes,  paper 

Closers  S  Irmpectors 

Illinois    5  30 

Massachusetts  4  38 

Missouri  3  13 

New  Jersey  3  12 

New  York 6  187 

Ohio  4  17 

Pennsylvania  4  9 

Wisconsin    3  13 

Gluers-off 

Connecticut  2  5 

Illinois    3  29 

Massachusetts  5  57 

Michigan    2  6 

Missouri  2  6 

New  Jersey  3  14 

New  York 7  57 

Ohio 5  24 

Pennsylvania 3  4 

Wisconsin 3  23 

Laborers    (set-up 
and  folding) 

Illinois    4  17 

Massiachusetts  2  18 

New  Jersey  3  30 

New  York 5  118 

Ohio 3  14 

Pennsylvania 2  11 


Computed 

average 

Arerage 

earnings 

hours 

Average 

per  week 

worked  earnings 

if  6  days 

per  week 

per  hour 

were 

(lay 

worked 

worked 

8.0 

$0.218 . 

$10.46 

7.6 

.267 

12.18 

8.1 

.201 

9.77 

7.4 

.176 

9.81 

7.2 

.209 

9.03 

6.4 

.219 

8.41 

5.8 

.176 

6.12 

7.1 

.155 

6.06 

7.2 

.215 

9.29 

8.0 

.217 

10.41 

7.5 

.211 

9.50 

7.1 

.167 

7.11 

7.4 

.169 

7.50 

9.2 

.192 

10.60 

8.0 

.236 

11.33 

7.0 

.237 

9.95 

8.3 

.189 

9.41 

8.1 

.185 

8.99 

7.6 

.251 

11.45 

6.5 

.192 

7.49 

6.9 

.233 

9.64 

7.1 

.222 

9.46 

6.3 

.177 

6.69 

5.9 

.176 

6.23 

325 


{ 

[Computed 

average 

Average 

earnings 

hours 

Average 

per  week 

worked  earning*- 

if-6  days 

No 

.  of  Bs- 

No.  of  Em- 

per week  per  hour 

were 

Occupation              tablishments 

ployees 

day 

worked 

worked 

Turner s-in  (set-up) 

Connecticut   

4 

25 

7.5 

.194 

8.73 

Illinois   

4 

19 

8.1 

.173 

8.41 

Massachusetts  

4 

37 

7.1 

.190 

8.09 

New  Jersey  

3 

28 

7.6 

.179 

8.16 

New  York 

10 
6 

125 
40 

7.4 

7.2 

.202 
.196 

8.97 

Ohio  

8.47 

Pennsylvania  

3 

13 

7.1 

.153 

6.52 

Cigars 

Stemmers  or  Strip- 

pers, hand 

Allentown 

2 

81 

7.9 

.215 

10.19 

Baltimore  

5 

38 

7.4 

.192 

8.52 

Binghamton  

4 

184 

7.1 

.216 

9.20 

Boston    

2 

94 

6.5 

.294 

11.47 

Chicago  

5 

98 

7.4 

.257 

11.41 

Cincinnati    

3 

45 

6.3 

.169 

6.39 

Cleveland  

4 

92 

6.6 

.244 

9.66 

Dayton   

4 

61 

7.8 

.194 

9.08 

Detroit   

5 

153 

6.9 

.256 

10.60 

Evansville  

2 

284 

7.6 

.151 

6.89 

Key  West 

4 

157 

7.2 

.183 

7.91 

Lancaster 

3 

12 

8.0 

.199 

9.55 

New  York 

11 

348 

7.9 

.233 

11.04 

Philadelphia    

6 

354 

7.1 

.188 

8.01 

Reading 

4 

78 

7.1 

.246 

10.48 

Tampa  

6 

258 

8.2 

.196 

9.64 

Other  cities  

1 

5 

9.0 

.167 

9.02 

Confectionery  ^ 

Dippers,  macJivne 

California 

2 

13 

7.6 

.206 

9.39 

Georgia  

2 

14 

7.9 

.196 

9.29 

Illinois    

5 

71 

8.1 

.211 

10.25 

326 


No.  of  Es-  No.  of  Em- 

Occupatlon              tablisbments  ployees 

Indiana  3  19 

Iowa    2  7 

Kentucky  2  37 

Maryland  3  43 

Massachusetts  6  473 

Michigan 2  9 

Minnesota 4  18 

Missouri  7  117 

New  York 8  230 

Ohio  8  75 

Pennsylvania 4  75 

Wisconsin 5  52 

Laborers 

California 3  9 

Illinois    4  134 

Indiana  2  10 

Kentucky   2  20 

Maryland  2  4 

Massachusetts  6  244 

Minnesota  * 2  3 

Missouri  5  71 

New  York 5  112 

Ohio  3  17 

Oregon 2  13 

Pennsylvania 4  51 

Washington  2  11 

Wisconsin 5  122 

Packers 

California 9  189 

Georgia 2  55 

Illinois 8  681 

Indiana  3  45 

iDwa    2  21 


Computed 

average 

Arerage 

earnings 

hours 

Average 

per  week 

worked 

earnings 

if  6  days 

per  week 

per  hour 

were 

day 

worked 

worked 

7.0 

.163 

6.85 

8.0 

.278 

13.34 

7.8 

.127 

5.94 

7.6 

.171 

7.80 

6.7 

.257 

10.33 

5.2 

.191 

5.96 

7.5 

.181 

8.15 

7.9 

.193 

9.15 

7.2 

.212 

9.16 

6.6 

.206 

8.16 

7.7 

.210 

9.70 

8.1 

.193 

9.38 

7.2 

.202 

8.73 

8.0 

.236 

11.33 

7.4 

.159 

7.06 

8.4 

.134 

6.75 

7.8 

.171 

8.00 

7.1 

.209 

8.90 

5.0 

.179 

5.37 

7.9 

.214 

10.14 

7.8 

.201 

9.41 

6.7 

.227 

9.13 

7.1 

.239 

10.18 

7.4 

.215 

9.55 

7.7 

.257 

11.37 

7.6 

.161 

7.34 

7.0 

.215 

9.03 

8.0 

.180 

8.64 

7.9 

.249 

11.80 

7.5 

.163 

7.34 

6.8 

.203 

8.28 

327 


Arerage 


Computed 

average 

earnings 


No.  of  Es-  No.  of  Em- 
Occupation               tablishments  ployees 

Kentucky  2  104 

Maryland  3  227 

Massachusetts  6  904 

Michigan 2  54 

Minnesota 4  128 

Missouri  7  434 

New  Jersey 2  108 

New  York 8  775 

Ohio  8  302 

Oregon    2  38 

Pennsylvania 12  560 

Tennessee  2  65 

Washington  4  56 

Wisconsin 7  213 

Wrappers 

California  6  142 

Georgia  2  22 

niinois 3  64 

Indiana  3  37 

Iowa 2  15 

Massachusetts  4  267 

Michigan.  2  8 

Minnesota 3  26 

Missouri  6  69 

New  York 5  183 

Ohio  4  16 

Pennsylvania  8    -  230 

Tennessee  2  15 

Wisconsin 6  79 

Furniture 

Laborers 

Illinois 4  9 

Indiana  3  24 

Massachusetts  2  8 


hours    Average    per  week 
worked  earnings    if  6  days 
per  week  per  hour^    were 
day         worked    worked 


7.5 
7.8 
7.0 
7.6 
6.5 
7.3 
7.0 
6.9 
6.7 
7.6 
7.4 
8.4 
7.3 
8.2 

7.3 

8.3 
7.6 
7.9 
8.2 
7.3 
8.1 
7.6 
7.7 
7.3 
7.0 
7.2 
8.5 
8.5 


8.1 
9.1 
7.9 


.138 
.182 
.258 
.211 
.178 
.200 
.207 
.221 
.217 
.283 
.222 
.163 
.296 
.204 

.212 
.195 
.231 
.158 
.193 
.258 
.189 
.207 
.222 
.212 
.209 
.241 
.187 
.193 


.245 
.183 
.198 


6.21 
8.52 

10.84 
9.62 
6.94 
8.76 
8.69 
9.15 
8.72 

12.90 
9.86 
8.22 

12.96 

10.04 

9.29 
9.71 

10.53 
7.49 
9.50 

11.30 
9.19 
9.44 

10.26 

12.79 
8.78 

10.41 
9.54 
9.84 


11.91 
9.99 
9.39 


328 


Computed 
average 

Average  earnings 

hours  Average    per  veeek 

worked  earnings    if  6  days 

No.  of  Bs-  No.  of  Em-    per  week  per  hour     were 

Occupation               tablishments    ployees          day  worked    worked 

Michigan 4              46      8.1  .226     11.47 

Missouri  2              10      7.5  .195       8.78 

New  York 2              12      8.6  .223     11.51 

Pennsylvania  6              47      8.1  .213     10.35 

Tennessee 2              11      8.2  .166       8.17 

Wisconsin 3              33      7.8  .155       7.25 

Sanders,  hand 

Illinois 3                9      8.1  .266     12.93 

Indiana  3              30      8.3  158       7.87 

Massachusetts  2                5      8.9  .218     11.64 

Michigan 4              22      8.5  .245     12.50 

New  York 4              20      7.3  .210       9.20 

Ohio  3              12      7.5  .230     10.35 

Pennsylvania 6              63      7.8  .223      10.44 

Tennessee  2              29       7.2  .157        6.78 

Wisconsin 2              17      8.4  .176       8.87 

Glass 

Labor,    hoy    and 
factory 

Indiana 7            257      7.9  .207       9.81 

New  Jersey 2              50      7.0  .277     11.63 

New  York 2              15      8.7  .231     12.06 

Ohio  4            205      6.9  .204       8.45 

Pennsylvania    4            216      8.1  .199       9.67 

West  Virginia 3              73      6.5  .206       8.03 

Silk 

D  0  uhl  er  s,  silk 
throwing 

Massachusetts  2                7      6.6  .248       9.82 

New  Jersey 4              33      9.0  .284     15.34 

Pennsylvania  3            106      7.5  .205       9.23 

(Computed.)     (Pages  76,  78,  79,  82,  124,  189,  191,  238, 
239,  258,  482.) 


329 


(b)  In  occupations  in  which  the  average  hourly  earn- 
ings were  between  $0,280-299. 


No.  of  Bs-  No.  of  Em- 
Occupation  tablishments    ployees 

Boxes,  paper 

Gluing  Machine 

Connecticut   2  15 

Illinois _ 2  24 

Massachusetts  2  14 

Missouri  3  5 

New  Jersey 3  19 

New  York 2  74 

Ohio  7  60 

Clothing,  men^s 

Hand  Sewers,  pants 

Baltimore  3  41 

Boston 6  19 

Buffalo   3  17 

Chicago 4  111 

Cincinnati 7  45 

Indianapolis    2  44 

New  York 7  35 

Philadelphia 2  20 

Rochester  5  70 

St.  Louis 2  35 

Electrical     machin- 
ery, apparatus  a/nd 
supplies 
Assemblers 

Connecticut 4  157 

Indiana  2  38 

Massachusetts  3  88 

New  York 5  133 

Ohio  2  21 


^Computed 

average 

Average 

earnings 

hours 

Average 

per  week 

worked  earnings 

if  6  days 

per  week 

;  per  hour 

were 

day 

worked 

worked 

7.2 

$0,278 

$12.01 

8.1 

.303 

14.73 

6.2 

.348 

12.95 

8.2 

.232 

11.41 

7.2 

.224 

9.68 

7.9 

.341 

16.16 

7.4 

.214 

9.50 

6.4 

.405 

15.55 

7.2 

.288 

12.44 

7.4 

.229 

10.17 

7.2 

.286 

12.36 

7.5 

.228 

10.26 

6.6 

.240 

9.50 

7.5 

.316 

14.22 

7.0 

.225 

9.45 

7.8 

.317 

14.84 

6.6 

.194 

7.23 

8.2 

.283 

13.92 

7.4 

.256 

11.37 

7.6 

.416 

18.97 

7.8 

.270 

12.64 

7.6 

.378 

14.36 

330 


No.  of  Es-  No.  of  Em- 
Occupation               tabJishments  ployees 

Hosiery  and  Under- 
wear 

Finishers      (under- 
wear) 

Connecticut   3  88 

Massachusetts  2  515 

New  Hampshire...  2  109 

New  York 3  164 

North  Carolinia. 2  146 

Ohio  2  101 

Tennessee 3  237 

Virginia   2  113 

Wisconsin 2  124 

Knitters,     weh     or 
tube    {underwear) 

Connecticut   3  27 

Massachusetts  2  41 

New  Hampshire...  2  10 

New  York 2  6 

Ohio  .:. 2  10 

Wisconsin 2  24 

hoopers 

Connecticut   3  68 

Indiana  2  121 

Massachusetts  2  369 

New  Hampshire...  2  100 

North  Carolina 2  39 

Ohio 2  15 

Pennsylvania 3  237 

Tennessee  ._ 2  104 

Virginia   2  56 

Wisconsin 2  108 

Pressers 

Connecticut 2  2 

Massachusetts  2  71 


Computed 
average 
Average  earnings 

hours    Average    per  week 
worked  earnings    if  6  days 
per  week  per  hour     were 
day         worked    worked 


8.3 

.248 

12.35 

7.6 

.348 

15.87 

7.9 

.283 

13.41 

8.0 

.280 

13.44 

9.1 

.316 

17.25 

7.4 

.267 

11.85 

8.5 

.218 

11.11 

8.2 

.233 

11.46 

7.3 

.264 

11.56 

8.2 

.244 

12.00 

7.6 

.350 

15.96 

8.8 

.270 

14.26 

8.6 

.333 

17.18 

8.3 

.239 

11.90 

8.8 

.316 

16.68 

6.4 

.294 

11.29 

7.7 

.228 

10.99 

5.9 

.361 

12.78 

7.7 

.344 

16.58 

5.9 

.241 

8.53 

6.9 

.255 

10.56 

8.1 

.301 

14.63 

7.5 

.231 

10.40 

8.9 

.310 

16.55 

8.1 

.289 

14.05 

8.3 

.217 

10.81 

7.3 

.342 

14.98 

331 


No.  of  Es-  No.  of  Em- 
Occupation               tablishments  ployees 

Seamers 

Connecticut 3  30 

Indiana  2  71 

Massachusetts  2  287 

Michigan 2  71 

New  Hampshire...  3  54 

New  York 3  135 

North  Carolina 2  23 

Ohio  2  47 

Pennsylvania 2  97 

Tennessee  2  81 

Virginia   2  29 

Wisconsin 4  77 

Welters 

Massachusetts  2  154 

Illinois 2  32 

Pennsylvania  2  47 

Leather;  light  upper 

Laborers,     all     de- 
partments 

Delaware 2  12 

New  Jersey 3  55 

Pennsylvania 3  31 

Seasoners 

Delaware   2  104 

New  Jersey 2  94 

Pennsylvania 2  24 

Overalls 

Examiners 

California 4  24 

Georgia 4  12 

Illinois 6  22 


Computed 

average 

Arerage 

earnings 

hours 

Average 

per  week 

worked 

earnings 

If  6  days 

per  week  per  hour 

were 

day 

worked 

worked 

7.8 

.253 

11.84 

7.5 

.288 

12.96 

7.7 

.319 

14.74 

8.5 

.242 

12.34 

6.9 

.272 

11.26 

8.2 

.276 

13.58 

5.8 

.220 

7.66 

6.1 

.269 

9.85 

8.3 

.305 

15.19 

8.1 

.206 

10.01 

7.8 

.244 

11.42 

7.3 

.298 

13.05 

7.1 

.330 

14.06 

7.6 

.270 

12.31 

8.1 

.243 

11.81 

6.6 

6.7 
8.4 

.333 
.269 
.297 

13.19 
10.81 
14.97 

5.5 
7.1 
7.6 

.267 
.319 
.302 

8.81 
13.59 
13.77 

7.8 
7.4 
6.8 

.304 
.232 
.280 

14.23 
10.76 
11.42 

332 


ConiputeU 
average 
Average  earnings 

hours  Average    per  week 

worked  earnings    if  6  days 

No.  of  Es-  No.  of  Em-  per  week  per  hour  were 

Occupation               tablishmeuts  ployees  day  worked    worked 

Indiana  9  31  7.3  .259  11.34 

Iowa 8  16  7.7  .290  13.98 

Maryland  3  24  6.3  .227  8.58 

Massachusetts  4  4  7.2  .312  13.48 

Michigan 3  27  6.2  .334  12.42 

Minnesota 5  8  7.8  .248  11.61 

Missouri  6  16  6,6  .306  12.12 

New  Jersey 5  19  5.9  .309  10.94 

New  York 7  15  6.7  .324  13.02 

Ohio 8  26  6.9  .268  11.10 

Pennsylvania  2  7  6.9  .244  10.10 

Tennessee  5  11  7.5  .272  12.24 

Texas 6  11  7.2  .268  11.58 

Wisconsin 5  5  6.5  .266  10.37 

Paper  and  pwlp 

Counters  (paper) 

Maine 3  17  8.3  .304  15.14 

Massachusetts  7  16  8.1  .335  16.28 

Michigan 2  13  8.1  .258  12.54 

New  Jersey 2  8  9.0  .259  13.99 

New  Hampshire...        2  7  8.5  .291  14.84 

Ohio 2  13  8.2  .249  12.25 

Pennsylvania 5  65  7.8  .324     15.81 

Wisconsin 4  15  8.7  .268     13.99 

Plater  Girls  (paper) 

Massachusetts  7  204  7.8  .288     13.48 

Pennsylvania  2  39  8.0  .234     11.23 

Pottery 

Laborers 

New  York 2  162  7.1  .252  10.74 

New  Jersey 4  78  7.0  .298  12.52 

West  Virginia 4  189  6.4  .313  12.02 

Ohio  5  252  6.1  .313  11.46 


333 


Computed 
average 

Average  earnings 

hours  Average    per  week 

worked  earnings    if-6days 
No.  of  Es-  No.  of  Em-    per  week  per  hour      were 

Occupation               tablishments    ployees           day  worked    worked 

8ilh 

Pickers,  cloth 

Coniiecticiit   2              30      Q.^  .302     11.96 

Massachusetts  2              74      7.5  .431     19.40 

New  Jersey 5              87      7.6  .279     12.72 

New  York 3              19      8.0  .261     12.53 

Pennsylvania  4              57      7.2  .247     10.67 

Rhode  Island 3              29      7.6  .215       9.80 

Typewriters,     add- 
ing machines  and 
cash  registers 
A  ssemh  lers     ( part ) 
and  welders 

Connecticut 3            205      8.1  .311     15.11 

Indiana  2              36      7.9  .290     13.75 

Michigan 2              64      7.4  .293     13.01 

New  York 3              85      8.4  .328     16.53 

Ohio 2              52      7.7  .323     14.92 

Illinois 3              97      8.9  .249      13.30 

Pennsylvania  2              65      6.0  .186       6.70 

Brill-Press      hands 
and  operators 

Connecticut 2              57      7.8  .328     15.35 

Indiana  2              14      7.2  .301     14.09 

New  York 3            116      7.9  .307     13.26 

Ohio  2            103      7.8  .329     15.40 

Illinois 3              53      8.9  .277     14.79 

Pennsylvania  3              67      6.3  .218       8.24 

(Computed.)     (Pages  79,  140,  208,  267,  269,  271-273, 
342,  343,  421,  440,  441,  450,  482,  503,  504.) 


334 

d.  Showing  that  the  level  of  wages  in  occupations 
with  the  highest  average  earnings  is  very  low  in  certain 
localities. 

Computed 
average 

Average  earnings 

hours    Average  per  week 

worked  earnings  if  6  days 
No.  of  Bs-  No.  of  Em-    per  week  per  hour     were 

Occupation               tablishments    ployees          day         worked  worked 

Cigars 

Bunch  makers,  hand 

(aU)  43         1,670      7.8    $0,388  $18.16 

Evansville    2            323      8.5        .270  13.77 

Key  West 2              24      8.0        .217  10.42 

Rollers,  hand  (all)       44         2,964      7.5        .352  15.84 

Evansville    „ 2            659      8.4        .233  11.74 

Unnamed  city 1              64      7.7        .282  13.03 

Roller s,SMction  {all)       21         1,658      7.7        .357  16.49 

Dayton 2            151      7.1        .309  13.16 

ClothvYiff,  men^s 

Rasters     (hand), 

coats  (all) 56           913      7.3        .356  15.59 

Cincinnati 9              51      7.4        .269  11.94 

Philadelphia 6             65      7.2        .297  12.83 

Hand  sewers,  coats 

(all)  7         2,907      7.3        .334  14.63 

Buffalo  5             70      7.5        .283  12.74 

Cincinnati  ._ 10            214      7.4        .244  10.83 

Indianapolis 2            116      7.6        .243  11.08 

Philadelphia    10            187      7.5        .281  12.65 

8t.  Louis 3             13      7.9        .256  12.13 

Operators,    co  ats 

(all)  60         2,086      7.3        .361  15.81 

Cincinnati    10            208      7.4        .255  11.32 

St.  Louis 3            124      7.7        .264  12.20 

Operators,    pants 

(all)  52         1,432      7.3        .341  14.94 


335 


No.  of  Es-  No.  of  Em- 
Occupation               tablishments  ployees 

Buffalo   4  49 

Cincinnati 11  159 

St.  Louis   5  171 

Operators,    vests 

(all)  37  544 

Buffalo   4  14 

Cincinnati    7  63 

Clothing,  Women^s: 
Dresses  and  Wadsts 

Drapers  (all)  28  188 

St.  Louis 3  15 

Finishers   (all) 50  412 

Cleveland   6  61 

Philadelphia    8  30 

St.  Louis 4  43 

Operators,    general 

(all)  54  1,354 

St.  Louis 2  43 

Operators,     special 

machine    (all) 38  306 

Chicago  5  35 

Cleveland  5  113 

St.  Louis 5  43 

Pressers  (all)  26  128 

Chicago 3  9 

Cleveland  2  42 

St.  Louis 2  10 

Electrical  Ma- 
chinery 

Coil  winders  (all) 22  232 

Connecticut 2  17 


Arerage 

hours 

worked 

per  week 

day 

Computed 
average 
earnings 
Average    pet  week 
earnings    if  6  days 
per  hour     were 
worked    worked 

7.2 
7.1 
7.1 

.253 
.247 
.291 

10.93 
10.52 
12.40 

7.3 
7.8 
7.9 

.350 
.233 
.210 

15.33 

10.90 

9.95 

7.7 
8.4 

.470 
.247 

21.71 
12.45 

7.2 
7.2 
7.2 
7.3 

.345 
.294 
.275 
.199 

14.90 
12.70 

11.88 
8.72 

7.2 
7.6 

.473 
.269 

20.43 
12.27 

7.3 
7.5 
7.2 
8.3 

.312 
.284 
.257 
.214 

13.67 
12.78 
11.10 
10.66 

7.2 
8.1 
6.7 
7.8 

.372 

.288 
.272 
.205 

16.07 

14.00 

10.93 

9.59 

7.5 

8.8 

.337 
.274 

15.17 
14.47 

336 


No.  of  Es-  No.  of  Em- 
Occupation               tablishmeuts  ployees 

Indiana  3  15 

Ohio  2  8 

Connectors  and  In- 

snlators  (all)  17  157 

Connecticut   2  10 

New  Jersey 2  24 

Hosiery  and  Under- 
wear 

Buttonhole  makers 

(wnderwear)    (aU)  24  203 

Connecticut  3  7 

New  Hampshire...  2  11 

Ohio  2  12 

Tennessee 2  15 

Cutters,  hand  (un- 
derwear) (all)  22  586 

Connecticut  3  10 

Ohio  2  15 

Tennessee 2  30 

Virginia 2  5 

Overalls 

Operators  (all)  128  6,060 

Indiana  9  545 

North  Carolina 2  171 

Ohio  2  62 

Tennessee 2  55 

Pottery 

Transferers   (all) 14  372 

New  York 2  109 

SUk 

Twisters  in  {all) 9  53 

Pennsylvania 3  22 


Computed 

average 

Ayerage 

earnings 

hours 

Average 

per  week 

worked  earnings 

if  6  days 

per  week 

per  hour 

were 

day 

worked 

worked 

7.7 

.285 

13.17 

7.4 

.274 

12.17 

7.6 

.335 

15.28 

8.2 

.274 

13.48 

7.3 

.206 

9.02 

7.7 

.317 

14.65 

8.3 

.256 

12.75 

8.6 

.275 

14.19 

7.5 

.264 

11.88 

7.6 

.208 

9.48 

7.3 

.313 

13.71 

8.6 

.239 

12.33 

6.8 

.256 

10.44 

8.0 

.220 

10.56 

7.0 

.235 

9.87 

6.6 

.306 

12.12 

6.7 

.258 

10.37 

6.8 

.262 

10.69 

8.5 

.214 

10,91 

7.0 

.214 

8.99 

7.2 

.342 

14.77 

7.7 

.30 

13.86 

7.6 

.366 

16.69 

7.3 

.277 

12.13 

337 

Compated 
average 
Average  earnings 

hours    Average    per  week 
worked  earnings    if  6  days 
No.  of  Es-  No.  of  Em-    per  week  per  hour     were 
Occupation  tablishments    ployees  day         worked    worked 

Warpers  (all)  22  530      8.1        .362     17.59 

New  York 3  20      8.8        .278     14.68 

Pennsylvania 4  110      8.1        .301     14.63 

Weavers,  Broad  silk 

(all)  24  2,189  8.0  .398  19.10 

Pennsylvania 4  464  8.2  .278  13.68 

Virginia 2  54  7.8  .307  14.37 

Typewriters,     add- 
ing machines  and 
cash  registers 
Assemblers,    final 
and  sectional  (all)      21  337      7.9        .317     15.03 

Illinois  3  49      8.9        .264     14.10 

Pennsylvania 3  41      6.1        .230       8.42 

Milling  m^achine 

(aU)    19  196  7.9  .338  16.02 

Indiana  .J 2  19  7.6  .271  12.03 

niinois    3  25  8.8  .288  15.21 

Pennsylvania 2  15  6.8  .239  12.62 

Punch-press    (all)...      13  274      8.0        .308     14.78 

lUinois 2  38      9.1        .261     14.25 

Pennsylvania 2  12      7.2        .266     11.49 

(Computed.)     (Pages  121,  123,  136,  139,  141,  159,  160, 
161,  209,  265,  423,  451,  484,  485,  503,  508.) 


338 

Women  in  Industry  in  Minnesota  in  1918,  Field  Investi- 
gation Carried  on  by  Women  in  Industry  Commit- 
tee, Council  of  National  Defence  and  Minnesota 
Bureau  of  Women  and  Children,    1920, 

A  careful  analysis  of  the  data  presented  in  the  pres- 
ent report  warrants  the  following  conclusions : 

1.  Seventeen  thousand  four  hundred  and  fifty-nine 
women  workers  out  of  a  total  of  51,361  or  34.05  per  cent 
received  less  than  a  minimum  subsistence  wage  and 
19,244  or  37.49  per  cent  of  these  51,361  wage  earners  re- 
ceived a  **  minimum  subsistence '^  wage. 

6.  While  we  cannot  draw  any  positive  conclusions  as 
to  the  rate  of  increase  in  wages  that  had  taken  place  dur- 
ing the  war,  it  is  clear  that  a  disproportionate  number  of 
women  were  receiving  a  wage  below  the  minimum  of  sub- 
sistence and  that  these  low  wages  were  frequently  needed 
to  assist  in  the  support  of  the  family  of  the  wage  earner. 
(Page  35.) 

As  there  has  been  no  recent  census  of  women  in  in- 
dustry, it  is  impossible  to  estimate  with  any  degree  of 
accuracy  the  proportion  of  the  women  wage  earners  rep- 
resented in  this  inquiry  out  of  the  total  number  of  women 
wage  earners  in  the  state  of  Minnesota  at  the  time  of  the 
investigation.     (Page  6.) 


339 


Table  II.     Showing  occupational  classes  according  to 
weekly  wages  of  women  workers. 

Number  Earning  Specified  Wages  by  Industry. 


INDUSTRY 

Weekly 
Waares 

Total 
Number 

Manu- 

Mercantile      Tele- 

Service 

Atl  otber 

Earned 

of  Women 

facturing 

irraph  and 
Telephom 

i 

In- 
dustries 

Under  $3 

109 

15 

31 

1 

51 

11 

3.._.. 

169 

28 

45 

14 

54 

28 

4...... 

414 

33 

102 

19 

217 

43 

5._... 

1,309 

112 

258 

48 

748 

143 

6...... 

2,016 

472 

567 

84 

712 

181 

7...... 

2,211 

755 

556 

139 

610 

151 

8..._. 

4,640 

2,013 

1,089 

322 

859 

357 

9._.. 

6,591 

2,790 

2,166 

632 

670 

333 

10...... 

6,437 

2,511 

1,944 

620 

550 

812 

11..... 

3,271 

1,371 

727 

539 

181 

453 

12...... 

4,253 

1,775 

1,369 

146 

243 

720 

13...... 

2,758 

973 

712 

206 

172 

695 

14_._. 

2,525 

962 

641 

75 

314 

533 

15...... 

3,553 

1,085 

1,027 

86 

223 

1,132 

16._ 

1,574 

597 

346 

61 

48 

522 

17...... 

1,135 

433 

260 

25 

32 

385 

18...... 

1,884 

579 

447 

29 

70 

759 

19..-.. 

954 

199 

171 

30 

47 

507 

20...... 

1,193 

271 

320 

21 

39 

542 

21...... 

626 

110 

74 

14 

25 

403 

22...... 

429 

70 

56 

5 

6 

292 

23...... 

496 

87 

90 

6 

15 

298 

24...... 

148 

26 

24 

2 

7 

89 

25 

783 

84 

167 

2 

109 

421 

Over     25 

698 

109 

107 

5 

56 

421 

No  wage 

given 

1,185 
51,361 

350 

312 

36 

190 

297 

17,810 

13,608 

3,167 

6,248  10,528 

If  we  may  venture  a  classification  of  the  wage  groups 
represented  in  the  present  investigation  as  indicated  by 
the  above  table,  we  would  suggest  the  following  group- 


340 

ing  as  indicative  of  the  relation  between  the  wage  and 
the  standard  of  living  possible  within  these  wage  groups : 

Wagfe  Group  Economic  Class 

Below  $10.00  per  week.  Below  subsistence  line. 
$10.00-$14.00  per  week.   Minimum  subsistence. 
$15.00-$19.00  per  week.  Normal  subsistence. 
$20.00  and  over.  Normal  standard. 

(Page  7.) 

Analysis  shows  that  out  of  a  total  of  17,459  wage 
earners  receiving  less  than  $10  a  week,  the  largest  pro- 
portion are  found  in  the  manufacturing  industries,  with 
the  mercantile  employes  next  in  importance.  The  re- 
markable fact,  however,  shown  by  this  table,  is  that  34.05 
per  cent  of  all  the  women  wage  earners  considered  in 
this  investigation  received  less  than  a  minimum  sub- 
sistence wage.  With  over  a  third  of  the  wage  earners 
studied  receiving  less  than  a  subsistence  wage,  the  effects 
of  the  war  upon  wages  are  not  nearly  as  obvious  as  it  has 
been  claimed. 

When  we  consider  the  minimum  subsistence  group  of 
wage  earners,  we  find  that  they  include  19,244  or  37.49 
per  cent  of  the  total  number  of  women  wage  earners  con- 
sidered.  In  other  words,  71.54  per  cent,  or  very  close  to 
three-fifths  of  51,361  wage  earners  considered,  received 
sufficient  wages  for  only  a  bare  existence  or  less.  The 
largest  proportion  of  the  wage  earners  receiving  wages 
for  a  minimum  subsistence  is  found  in  manufacturing 
industries.  The  workers  included  in  the  wage  group 
designated  as  of  normal  standard  include  4,373  or  8.53 
per  cent  of  the  workers  included  in  this  study.  This  con- 
stitutes only  one-twelfth  of  the  half  hundred  thousand 
wage  earners  considered,  most  of  whom  were  employed 
in  industries  outside  of  manufacturing  or  mercantile  es- 
tablishments. The  classification  we  have  attempted  is 
perhaps  out  of  proportion  with  the  ordinary  wages  of 
pre-war  times.  It  must  be  recognized  that  living  costs 
have  increased  from  50  per  cent  to  55  per  cent  during 
the  period  preceding  the  war  in  1914  and  June,  1918. 
This  reduces  the  purchasing  value  of  a  $9.00  weekly  wage 


341 

to  $6.00,  and  of  a  $14.00  weekly  wage  to  $9.33,  if  we  ad- 
mit the  increase  in  the  necessities  of  life  to  have  been 
only  50  per  cent,  and  not  55  per  cent.  It  should  be  re- 
membered also  that  the  lower  the  wage  the  greater  the_ 
proportion  spent  for  food;  and  the  United  States  Bureau 
of  Labor  Statistics  found  upon  investigation  that  be- 
tween the  midsummer,  of  1914,  and  June,  1918,  the  cost 
of  16  essential  articles  of  food  increased  62  per  cent. 
(Pages  8-9.) 

Unskilled  Labor. 

[Analysis]  shows  a  distribution  of  wage  groups  with 
202  or  55.2  per  cent  of  the  366  women  wage  earners  re- 
ceiving less  than  the  subsistence  wage,  and  122  or  33.3 
per  cent  with  a  minimum  subsistence  wage.  In  other 
words,  88.5  per  cent  of  the  women  in  the  unskilled  indus- 
tries were  receiving  less  than  a  wage  sufficient  for  normal 
subsistence ;  and  of  this  number,  240  or  74.1  per  cent  of 
the  wage  earners  considered  were  over  26  years  of  age, 
while  99  or  30.5  per  cent  were  between  26  and  35  years 
of  age,  or  the  age  of  highest  productivity.    (Page  14.) 

Machine  Operators. 

As  in  the  case  of  most  women  workers  studied,  there 
seems  to  be  a  disproportionate  number  of  wage  earners 
receiving  less  than  $10.00  per  week,  as  there  were  689 
women  workers  at  this  wage  out  of  la  total  of  2,540  or 
27.1  per  cent.  When  we  consider  those  receiving  a  sub- 
sistence wage  of  between  $10.00  and  $14.00  per  week,  we 
find  that  they  constitute  1,156  or  45.5  per  cent  of  the 
total  miachine  operators  studied.  In  other  words,  almost 
three-fourths  of  the  total  operators  considered  in  this 
study  received  only  a  minimum  subsistence  wage  or  less, 
while  only  103  or  3.9  per  cent,  received  a  living  wage  or 
more.  Of  these  workers  only  752  or  29.9  per  cent  were 
less  than  22  years  of  age.  This  would  seem  to  indicate 
that  among  the  operators  as  among  many  of  the  other 
workers,  those  who  might  be  presumed  to  be  only  par- 
tially dependent  upon  their  own  earnings  because  of  their 


342 

age,  were  not  nearly  as  numerous  as  might  be  presumed. 
The  figures  of  dependency  discussed  elsewhere  only 
strengthen  the  accuracy  of  this  contention,  and  verify 
the  general  conclusion  regarding  the  unwarranted  belief 
that  much  of  the  industrial  wage  of  women  workers  is 
merely  used  to  piece  out  incomes,  but  is  not  depended 
upon  for  full  individual  maintenance.     (Page  17.) 

Seamstresses  and  sewing. 

Of  the  total  of  521  women  wage  earners  engaged  in 
this  class  of  work,  128  or  24.6  per  cent  received  less  than 
a  subsistence  wage,  while  319  or  61.2  per  cent  received  a 
mere  subsistence  wage  of  between  $10.00  and  $14.00  a 
week.  In  all,  more  than  85  per  cent  of  this  class  of  wage 
earners  received  a  mere  subsistence  wage  or  less.  In 
the  case  of  this  group  of  workers,  as  in  all  others  con- 
sidered, there  is  no  evidence  of  la  large  proportion  of 
young  girls  working  for  pin  money.    (Pages  17-18.) 

Printers  and  Pressers. 

While  it  is  evident  that  only  a  comparatively  small 
number  of  this  class  of  wage  earners  (85  or  25.6  per  cent) 
receive  less  than  a  living  wage,  the  vast  majority  of 
them  (223  or  67.1  per  cent)  receive  a  subsistence  wage 
only.  Considering  the  extent  of  the  organization  of  this 
trade,  and  the  skill  and  experience  required,  it  seems  that 
little  advance  has  been  made  in  the  wages  when  92.7 
per  cent  of  the  workers  receive  a  mere  subsistence  wage 
or  less.    (Page  18.) 

Packers. 

[Analysis]  shows  a  very  unusual  number  of  young 
wage  earners,  as  278  or  65.6  per  cent  were  less  than  22 
years  of  age,  while  the  wages  were  commensurately  low 
with  170  or  40.4  per  cent  receiving  less  than  a  subsistence 
wage  and  187  or  44.1  per  cent  receiving  only  a  mere  sub- 
sistence wage.  It  is  interesting  to  compare  in  this  con- 
nection the  wages  of  printers  and  pressers  with  wages  of 


343 

packers  which  represent  a  comparatively  unskilled  occu- 
pation. In  the  case  of  the  former  we  find  a  larger  pro- 
portion of  workers  receiving  a  subsistence  wage,  but  in 
the  case  of  the  packers  the  proportion  of  those  receivings 
above  the  subsistence  wage  is  15.5  per  cent  as  compared 
with  the  printers  and  pressers  with  only  7.3  per  cent  re- 
ceiving more  than  a  mere  subsistence  wage.  When  to  this 
fact  we  add  the  greater  maturity  of  the  printers  and 
pressers,  we  notice  that  skill  has  not  been  a  very  potent 
factor  in  determining  wages,  and  that  some  means  of 
standardizing  is  essential.    (Pages  18-19.) 

Saleswomen. 

When  we  consider  the  distribution  of  wages  in  the 
above  table,  we  find  that  479  or  39.0  per  cent  of  the  wage 
earners  in  this  occupation  receive  less  than  la  subsistence 
wage,  while  523  or  43.4  per  cent  of  this  group  of  wage 
earners  received  a  mere  living  wage.  We  find,  however, 
in  this  group  of  workers  a  reasonable  proportion  of 
workers  receiving  above  a  living  wage  to  the  extent  of 
56  or  4.5  per  cent.  It  is  also  evident  from  the  above 
table  that  age  counts  as  a  factor  in  the  increase  of 
wages. 

Office  Assistants. 

It  is  clear  from  [analysis]  that  the  wages  of  these 
workers  lare  considerably  above  the  average  so  far  dis- 
covered, as  only  243  or  12.7  per  cent  received  less  than 
a  subsistence  wage,  while  347  or  18.1  per  cent  received 
$20.00  a  week  or  more,  which  is  a  normal  living  wage 
under  war  conditions  of  prices.  Even  in  this  group, 
however,  there  were  1,050  wage  earners  or  more  than 
half  of  the  total  studied  receiving  'a  minimum  subsistence 
wage  or  less.    (Page  20.) 

Stenographers. 

[Analysis]  shows  several  rather  striking  facts.  The 
age  distribution  shows  a  constantly  increasing  number 


344 

of  workers  with  adviancing  age  up  to  35,  while  the  number 
of  those  under  18  is  negligible.  The  proportion  of  those 
receiving  less  than  a  subsistence  wage  was  only  157  or 
4.7  per  cent,  which  is  less  than  in  any  group  of  wage 
earners  so  far  considered,  while  the  proportion  of  those 
receiving  over  and  above  a  mere  subsistence  wage  was 
2,155  or  65.5  per  cent,  the  largest  proportion  so  far  found 
in  any  group  of  workers  considered.  The  fact  that  only 
32  out  of  the  157  stenographers  receiving  less  than  $10.00 
a  week  were  over  22  years  of  age,  would  seem  to  indicate 
that  skill  and  experience  play  a  rather  important  part 
in  determining  the  wage  in  this  class  of  work  which, 
like  the  office  assistants,  represents  'a  semi-professional 
group.    (Pages  20-21.) 

Bookkeepers. 

[Analysis]  shows  that  among  the  bookkeepers  there 
were  practically  no  workers  receiving  less  than  a  sub- 
sistence wage,  although  there  were  317  or  26.6  per  cent 
of  the  bookkeepers  receiving  between  $10.00  and  $14.00 
a  week  or  la  mere  subsistence  wage.  It  is  interesting  to 
note  that  880  or  64  per  cent  of  the  workers  considered 
were  of  the  ages  of  highest  productivity,  as  they  range 
between  22  and  45  years  of  age.  In  point  of  wages,  517 
or  43.5  per  cent  of  these  workers  received  a  minimum 
living  wage  as  compared  with  1,392  or  42.3  per  cent  of 
the  stenographers  classed  in  the  same  group.  When, 
however,  we  consider  the  bookkeepers  receiving  $25.00 
a  week  or  more,  we  find  that  they  constitute  103  or  8.7 
per  cent  of  the  total  as  compared  with  157  or  4.8  per  cent 
of  the  stenographers  classed  in  the  same  group.  While 
in  the  case  of  the  bookkeepers,  the  proportion  of  those 
receiving  less  than  a  minimum  subsistence  wage  was  less 
than  half  the  proportion  of  those  receiving  $25.00  a 
week  or  more,  in  the  case  of  the  stenographers  the  pro- 
portion of  these  two  wage  groups  was  equal.    (Page  21.) 

Telephone  Operators. 

It  is  evident  from  [analysis]  that  out  of  a  total  of 
534  telephone  operators  98  or  18.3  per  cent  received  less 


345 

than  la  minimum  subsistence  wage,  while  321  or  60.1  per 
cent  received  merely  a  subsistence  wage.  In  other  words, 
four-fifths  of  the  telephone  operators  considered  in  this 
investigation  were  receiving  wages  which  would  cover 
the  cost  of  mere  subsistence  or  less.  Of  those  receiving 
at  the  time  of  the  investigation  more  than  $14.00  a  week, 
82  out  of  a  total  of  115  were  22  years  of  age  or  more. 
The  number  of  those  receiving  less  than  a  minimum  sub- 
sistence wage  was  four  times  greater  than  the  number 
of  those  receiving  a  living  wage. 

General  Office  Help. 

The  wages  received  by  the  office  helpers  show  a  wide 
range  of  distribution.  Those  receiving  less  than  a  min- 
imum subsistence  wage  numbered  342  or  19.0  per  cent 
of  the  total,  while  those  receiving  a  living  wage  or  more 
numbered  200  or  11.1  per  cent.  The  largest  proportion 
was  found,  however,  among  those  receiving  a  minimum 
subsistence  wage.  This  group  consisted  of  901  wage 
earners  or  50.2  per  cent  of  the  total.  With  seven-tenths 
of  the  wage  earners  in  this  group  receiving  a  mere  sub- 
sistence wage  or  less,  the  standard  of  remuneration  can 
hardly  be  considered  high,  although  it  must  be  admitted 
that  a  large  proportion  of  those  employed  in  this  field 
were  comparatively  young  women.     (Page  22.) 

Cashiers. 

While  in  the  case  of  office  helpers  71  per  cent  were 
under  26  years  of  age,  the  cashiers  showed  216  or  58.4 
per  cent  of  the  same  age  groups.  On  the  other  hand, 
the  office  helpers  received  less  than  a  minimum  sub- 
sistence wage  in  only  19  per  cent  of  the  cases,  while  the 
cashiers  received  such  a  low  wage  in  92  or  24.9  per  cent 
of  the  cases.  On  the  other  Imnd,  those  receiving  a  living 
wage  or  more  numbered  71  or  19.1  per  cent  as  compared 
with  11.1  per  cent  in  this  wage  group  among  the  office 
helpers.  On  the  whole,  the  majority  of  these  workers 
still  remain  in  the  wage  groups  which  permit  of  only 
minimum  subsistence  or  less. 


346 

Foreladies. 

It  is  surprising  to  find  that  despite  the  experience 
required  in  the  performance  of  the  duties  of  forelady 
(forewoman)  304  or  54.6  per  cent  were  under  26  years 
of  age.  The  wages  of  this  group  of  workers  vary  only 
slightly  from  the  other  group,  as  77  or  13.8  per  cent 
received  less  than  a  minimum  subsistence  wage,  and  212 
or  38  per  cent  received  a  mere  subsistence  wage.  In 
other  words,  more  than  half  of  this  group  of  supposed 
experienced  and  skilled  workers  received  a  bare  sub- 
sistence wage  or  less.  Just  what  the  duties  of  these 
workers  are  we  were  unable  to  'ascertain  from  the  data 
gathered.  It  is  evident,  however,  that  in  a  considerable 
number  of  instances  the  work  is  of  such  character  as  to 
command  a  fair  wage,  since  117  or  21  per  cent  of  these 
wage  earners  received  a  living  wage  or  more.  (Page 
23.) 


Factory  Workers. 

[Analysis]  shows  that  1,387  or  58.9  per  cent  of  this 
type  of  workers  were  less  than  22  years  of  age,  while 
there  was  a  comparatively  small  number  of  these  workers 
above  35  years  of  age.  The  wage  distribution,  however, 
is  indicaiive  of  a  very  serious  condition,  with  1,108  or 
43.8  per  cent  of  the  workers  receiving  less  than  a  sub- 
sistence wage,  and  1,122  or  40.4  per  cent  receiving  a  mere 
subsistence  wage.  Only  28  or  1.1  per  cent  received  a 
normal  wage  which  allows  of  a  proper  standard. 

The  discussion  of  the  wage  and  age  distribution 
among  workers  in  specific  occupations  would  seem  to 
show  that  wages  have  remained  during  the  war  so  low 
as  to  permit  of  little  improvement  in  the  standard  of 
living;  and  that  the  majority  of  the  workers  are  com- 
pelled to  struggle  with  the  problems  of  mere  subsistence ; 
and  that  only  in  comparatively  few  instances,  and  par- 
ticularly in  the  semi-professional  occupations,  have 
wages  reached  a  point  where  a  normal  living  can  be  se- 
cured on  the  wage  received.    (Pages  23-24.) 


347 

Minimum  Wage  Study.     Ohio  Council  on  Women  and 
€Jiildren  in  Industry,  1920. 

A  report  recently  issued  by  the  Department  of  Sta- 
tistics of  the  Ohio  Industrial  Commission  gives  a  survey 
of  wages  paid  to  all  employees  in  20  industrial  counties 
of  the  state.  From  this  report  we  have  selected  the 
group  classified  as  ^'females,  18  years  of  age  or  over*' 
for  the  basis  of  our  study. 

The  survey  shows  first  of  all  that  wages  have  not 
advanced  proportionately  to  the  cost  of  living.  The 
Bureau  of  Labor  Statistics  shows  that  from  December, 
1917  to  December,  1919  the  increase  in  the  cost  of  living 
was  35.24%  in  Cincinnati,  52.12%  in  Cleveland,  36.53% 
in  Indianapolis,  58.02%  in  Detroit,  51.52%  in  Buffalo 
and  58.83%  in  Chicago.  In  no  one  of  the  20  counties 
has  the  percentage  of  increase  in  wages  equalled  these 
figures.     (Page  1.) 

Table  No.  2  shows  the  numbers  and  percentages  of 
workers  receiving  less  than  $15  weekly  in  1917  and  1919. 
Totaling  the  20  counties  and  finding  the  average  receiv- 
ing less  than  $15  shows : 

1917  1919    Decrease 

Wage  earners  90.8%  61.9%.     28.9%' 

Saleswomen 92.0  %o  72.0%?     20.0%; 

Bookkeepers    A 

Stenographers  V 71.8%o  33.9%     37.9%? 

Office  clerks      J 

There  is  of  course  a  decrease  in  the  figures,  but  the 
fact  remains  that  up  until  December,  1919,  over  half  of 
our  wage-earners  and  nearly  three-fourths  of  our  sales- 
women were  receiving  less  than  $15  a  week.     (Page  2.) 


Tenth  Biennial  Report  of  the  Department  of  Commis- 
sioner of  Labor  and  Industrial  Statistics  of 
Louisiana.    1919-1920. 

The  places  inspected  included  offices   of  attorneys, 
dentists,  doctors,  insurance  agents,  shipping  boards  and 


348 

similar  places  of  employment.  Department,  dry  goods, 
drug,  shoe,  grocery  and  other  stores  were  visited.  Box, 
candy,  cigar,  coffee,  cotton  and  other  factories  were  in- 
spected. Cafes,  hotels  and  restaurants  were  also  in- 
cluded; hence  it  can  be  seen  the  inspection  was  of 
a  general  nature.  In  the  places  visited,  10,877  women 
workers  were  employed.  Of  the  entire  number,  only 
637,  or  scarcely  six  per  cent  of  the  whole,  were  receiv- 
ing in  excess  of  $17.00  per  week,  and  by  taking  the 
earnings  of  all  being  paid  more  than  this  amount, 
we  found  the  general  average  to  be  $21.97  per  week. 
However,  in  our  efforts  to  arrive  at  a  general  weekly 
average  of  the  entire  10,877,  the  637  receiving  in  ex- 
cess of  $17.00  per  week,  were  not  included  for  two 
reasons.  First,  ordinarily  all  such  workers  were  either 
at  the  head  of  some  department,  or  expert  workers,  or 
of  the  official  or  clerical  force,  and  not  commonly  termed 
** workers,''  nor  recognized  as  such  among  the  em- 
ployees. Second,  to  include  this  class  of  employees, 
would  establish  a  general  average  out  of  just  propor- 
tion, and  not  only  be  misleading,  but  absurdly  untrue. 
To  arrive  at  what  we  deemed  a  fair  general  average,  we 
included  all  earnings  from  $4.00  to  and  including  $17.00 
per  week,  and  we  find  it  to  be  $8.01.  These  figures  are 
based  on  statistics,  some  of  which  were  gathered  twelve 
months  ago,  while  others  were  secured  as  late  as  the  last 
month  of  1919.  The  contentions  are  now  set  forth  that 
wages  have  been  increased  since  that  time  until  now  the 
general  average  is  practically  $9.10  per  week,  but  this 
office  does  not  vouch  for  the  correctness  of  same. 

Of  the  10,877  inspected,  as  before  stated.  637  were 
being  paid  in  excess  of  $17.00  per  week;  2,930  received 
from  $7.50  to  $17.00  per  week;  4,469  received  from  $6.50 
and  not  to  exceed  $6.95  per  week,  while  2,841  were  re- 
ceiving less  than  $6.50  per  week,  in  a  few  instances  as 
low  as  $3.50,  but  in  arriving  at  a  general  average,  none 
were  included  at  a  less  wage  than  $4.00  per  week.  (Pages 
21-22.) 

To  establish  a  contention  doubting  the  authenticity  of 
certain  statements  that  had  been  made,  the   Commis- 


349 

sioner  took  the  statistics  fumislied  by  seven  large  em- 
ploying interests  in  one  of  the  busy  commercial  centers, 
and  in  whose  places  work  was  given  1,318  women,  which 
showed  their  wages  to  be  as  follows :  -  - 

4  receiving  less  than  $4.00  per  week. 
60  receiving  $4.00  to  $4.50  per  week. 
212  receiving  $5.00  to  $5.50  per  week. 
298  receiving  $6.00  to  $6.50  per  week. 
285  receiving  $7.00  to  $7.50  per  week. 
315  receiving  $8.00  to  $8.50  per  week. 
144  receiving  $9.00  to  $9.50  per  week. 

The  general  average  of  the  above  is  $7.23  per  week, 
and  it  is  only  fair  to  assume  this  is  a  fair  average  and 
generally  in  accord  with  the  prevailing  wage  thronghont 
the  state,  in  similar  occupations,  and  among  those  being 
paid  the  rates  included  above,  that  is,  from  $4.00  to  $9.50 
per  week.     (Page  22.) 

Where  wages  are  so  low  as  to  deny  the  worker  the 
actual  necessities  of  life,  such  a  condition  is  not  only  a 
menace  to  health,  but  a  sad  reflection  on  the  employers 
and  the  state  as  well.  The  Commissioner,  for  the  sake 
of  argument,  is  willing  to  admit  that  the  present  average 
is  $9.10,  as  claimed.  How  far  will  this  paltry  sum  go  to- 
ward providing  a  home,  paying  rent,  supplying  gro- 
ceries and  other  necessities  for  the  household?  And 
statistics  show  the  majority  of  women  workers  are  the 
main  support  of  the  family.  The  reply  is  so  easy  any 
school  child  can  answer.  Other  than  to  say,  where  wages 
are  so  low  the  workers  are  underfed,  and  denied  reason- 
able comforts  and  deprived  of  every  recreation,  and 
whose  work  becomes  a  monotonous  grind  for  lack  of 
peace  of  mind,  all  such  are  simply  eking  out  an  exist- 
ence, a  dissatisfied  employee,  and  often  a  poor  invest- 
ment, even  though  ofttimes  reluctantly  so  admitted,  this 
v€ry  serious  condition  is  agreeably  left  to  the  thoughtful 
consideration  of  the  law  making  bodies  for  some  solution. 
(Pages  22-23.) 


350 

U.  S.  Department  of  Labor,  Bureau  of  Labor  Statistics, 
Monthly  Labor  Review.  Volume  X,  No.  2.  Feb- 
ruary, 1920, 

Virginia. — Bureau  of  Labor  and  Industrial  Statistics. 
Twenty-second  annual  report,  1919.  Richmond, 
1919. 

The  investigation  covered  department  stores  (includ- 
ing 5-and-lO-cent  stores,  25-cent  stores,  etc.),  and  dry- 
goods  and  millinery  establishments,  and  was  conjBned  to 
four  cities,  viz,  Richmond,  Norfolk,  Lynchburg  and 
Roanoke.  The  figures  are  for  December  31,  1918,  but 
will  probably  hold  good  for  the  year  1919,  as  there  has 
been  no  material  change  in  wages  in  these  establishments 
during  that  year. 

Out  of  a  total  of  2,468  persons  employed  in  138  estab- 
lishments, covered  by  the  investigation,  1,257,  or  more 
than  50  per  cent,  receive  less  than  $12  per  week ;  718,  or 
nearly  30  per  cent,  receive  less  than  $10  per  week;  223 
receive  less  than  $8  per  week,  and  19  receive  under  $3 
per  week.    (Page  270.) 


U.  S.  Department  of  Labor.  Bulletin  of  the  Wom\en*s^ 
Bureau,  No.  10.  Hours  and  Conditions  of  Work 
for  Women  in  Industry  in  Virginia.    March,  1920. 

The  median  wage  for  the  entire  group  of  women 
[weavers  in  a  silk  mill]  was  $15.07,  and  the  wage  earned 
by  the  largest  number  of  women  (nine)  was  $12  or  less 
than  $13.  Although,  except  for  these  interviews,  the 
question  of  wages  was  not  included  in  the  survey,  these 
figures  indicate  that  the  women  of  Virginia  have  more 
to  contend  with,  in  these  days  of  the  high  cost  of  living, 
than  poor  working  conditions  and  long  hours.  (Page 
29.) 


351 

State  of  New  York.  Department  of  Labor.  Special  Bul- 
letin. Weekly  Earnings  of  Women  in  Five  Indus- 
tries (Paper  Boxes,  Shirts  a/nd  Collars,  Confec- 
tionery^ Cigars  and  Tobacco,  cmd  Mercantile  JEs- 
tablishments,),  1919, 

The  tabulated  returns  cover  623  establishments  and 
61,160  women,  including  417  factories  with  32,881  women 
and  206  mercantile  establishments  with  28,279  women. 
As  nearly  as  can  be  estimated  about  60  per  cent  of  the 
women  in  those  four  industries  are  here  represented,  in- 
cluding about  the  same  percentage  for  paper  boxes  and 
for  shirt  and  collars,  with  about  67  per  cent  for  confec- 
tionery and  57  per  cent  for  cigars,  etc.    (Page  3.) 

Up-state  the  reports  were  all  for  the  week  ended  No- 
vember 23,  1918,  or  for  the  payroll  nearest  thereto.  In 
New  York  City  the  reports  were  for  different  weeks  in 
the  period  from  December  11,  1918,  to  January  10,  1919. 
(Pages  1-2.) 

Girls  under  sixteen,  as  being  likely  to  be  learners  or 
beginners,  were  left  out  of  all  the  tables.    (Page  2.) 

Percentage  of  Women  who  Received  the  Speci- 

Paper 
Earnings  boxes 

Less  than  $  6 8 

^^     $  8 18 

''      $10 36 

''     $12 59 

"     $14 77 

$14  or  over 23 

$20  '^     "    2 

(Page  3.) 

The  New  York  Factory  Investigating  Commission 
made  an  investigation  of  the  wages  of  women  in  1913  and 
1914,  the  results  of  which  were  reported  in  Volumes  2 
and  3  of  its  Fourth  Report.  In  that  investigation,  among 
other  data,  earnings  for  a  single  week  were  secured  for 
four  of  the  five  industries  covered  in  the  present  investi- 


fled  Earnings 

hirts,           Confec- 

Clga: 

)llars           tlonery 

etc. 

11            17 

5 

23            28 

9 

38            51 

17 

58            72 

32 

72            85 

46 

28            15 

54 

5             2 

21 

352 

gation  and  for  weeks  in  November  or  December,  1913,  or 
January,  1914,  in  the  case  of  New  York  City  firms,  and 
in  May  or  June,  1914,  for  up-state  firms.  This  makes 
very  nearly  a  five-year  period  between  the  returns  of  the 
two  investigations,  thus  affording  evidence  as  to  the  in- 
crease in  earnings  in  that  time.     (Page  5.) 

There  is  no  means  of  knowing  to  what  extent  the 
returns  represent  the  same  firms  for  both  dates,  but  to 
the  extent  that  the  returns  in  each  investigation  are 
typical  for  their  respective  periods,  and  there  is  every 
reason  to  believe  that  they  are,  they  are  fairly 
comparable. 

Using  here  the  median*  earnings  for  comparative 
purposes  the  very  considerable  rise  in  women's  earnings 
during  the  five  years  may  be  seen  in  the  following 
comparison : 

Grade  Containing  Median  Earnings 
Factory  Industries:  1913-1914  1918-19 

Paper  boxes  $6.50-$6.99  $11.00-$11.49 

Shirts  and  collars  6.50-  6.99  11.00-  11.49 

Confectionery  5.50-  5.99  9.50-    9.99 

Mercantile  establishments 7.00-  7.49  11.50-  11.99 

In  the  present  instance  the  exact  median  earnings 
are  not  known,  but  only  the  grade  in  which  they  fall. 
However,  the  grade  is  narrow  enough  so  that  the  median 
is  apparent  to  within  less  than  50  cents  of  the  actual. 
Under  these  conditions  it  is  permissible  for  the  purpose 
of  a  rough  measure  of  the  rise  in  the  median  to  take 
the  middle  point  of  the  grade  as  representing  the  median 
earnings.  That  would  be  to  take  in  the  case  of  paper 
boxes,  for  example,  $6.75  as  the  median  for  1913-14  and 
$11.25  for  1918-19.  On  that  basis  it  would  appear  that 
the  median  earnings  of  women  has  increased  during  the 
last  five  years  67  per  cent  in  paper  box  factories  and  in 
shirt  and  collar  factories,  70  per  cent  in  candy  factories 
and  62  per  cent  in  mercantile  establishments. 

*The  median  earnings  are  those  at  that  point  in  the  scale  of  different  earn- 
ings received  such  that  50  per  cent  of  the  workers  receive  those  earnings  or 
less,  or,  vice  versa,-  50  per  cent  receive  those  earnings  or  more.     (Page  6.) 


353 

Report  'Submitted  Relative  to  the  Telephone  Industry  m 
New  York  State  to  His  Excellency,  The  Governor 
of  the  State  of  New  York.  Prepared  by  The 
Bureau  of  Women  in  Industry.    1920. 

In  conference  between  officials  of  the  Telephone 
Company  and  the  Chief  of  the  Bureau  of  Women  in 
Industry,  the  week  ending  December  13, 1919,  was  decided 
upon  as  a  typical  period  of  time  in  which  to  study  the 
pay-roll  land  the  hours  of  the  operating  force.  The  hour 
and  wage  discussions  which  are  considered  in  this  report 
cover  only  this  week.  The  labor  turnover,  however,  is 
taken  on  a  yearly  basis  for  the  year  1919,  and  in  other 
parts  of  the  report,  wherever  possible,  records  for  the 
entire  year  are  used.     (Page  10.) 

In  the  table  showing  the  'actual  earnings  of  the  oper- 
ators, which  include  overtime  earnings,  it  will  be  seen 
that  the  highest  group  was  in  the  Manhattan  Division, 
where  538  operators*  earnings  were  from  $18.00  to  $19.00. 
In  the  Manhattan  Division  (Schedule  I),  beginning  at 
$9.00,  the  schedule  shows  a  gradual  increase  up  to  the 
538  group  and  a  decrease  after  the  538  group  is  reached. 
For  Brooklyn  and  lower  Bronx  (Schedule  II),  the  highest 
earning  peak  was  reached  by  the  $16.00  to  $17.00  group, 
329  operators  receiving  this  amount.  In  Schedule  III, 
including  lower  Bronx,  part  of  Westchester  and  Long 
Island,  the  highest  earning  peak  was  reached  by  the 
$16.00  to  $17.00  group,  where  105  operators  received  this 
amount.  Under  Schedule  IV,  including  the  larger  up- 
state cities,  the  highest  earning  peak  was  reached  by  289 
operators  who  came  under  the  $15.00  to  $16.00  group. 
Under  Schedule  V,  including  such  places  as  Binghamton, 
Dunkirk  and  Elmira,  the  highest  earning  group  is  reached 
also  in  the  $15.00  to  $16.00,  95  operators  receiving  this 
amount.  Under  Schedule  VI,  including  the  smaller  cities, 
56  received  $16.00  to  $17.00,  which  was  the  highest  earn- 
ing peak. 

Based  on  a  grand  total  of  10,731  operators — which 
figure  excluded  188  operators  whose  earnings  were  un- 
known and  1,407  operators  whose  earnings  could  not  be 


354 

considered  typical  as  absence  made  their  earnings  below 
the  basic  wage — the  earnings  fell  like  this : 

336  received  under  $12.00. 

1,983  received  between  $12.00  and  $15.00. 

2,997  received  between  $15.00  and  $18.00. 

2,485  received  between  $18.00  and  $21.00. 

1,976  received  between  $21.00  and  $25.00. 

After  the  $25.00  miark  is  reached,  there  is  a  gradual 
decline,  only  110  persons  on  the  operating  force  earning 
as  high  as  $30.00  per  week. 

The  Telephone  Company  by  the  increase  in  wages 
removed  the  weakest  spot  in  its  employment  policy. 
There  is  no  doubt  in  the  mind  of  the  Bureau  of  Women 
in  Industry  that  the  low  wage  rates  and  consequent  low 
earning  capacity  of  the  operators  had  much  to  do  during 
the  year  1919  with  the  Company  *s  high  labor  turnover 
resulting  in  inefficient  service.    (Page  37.) 

The  Bureau  of  Women  in  Industry,  however,  believes 
that  the  Telephone  Company  has  not  gone  so  far  as  it 
should  on  wage  increase  and  other  increases  will  be  neces- 
sary if  it  hopes  to  retain  a  permanent,  well-organized, 
well-disciplined  force.     (Page  38.) 


355 


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356 

U,  8.  Department  of  Labor,  Bureau  of  Labor  Statistics. 
Monthly  Labor  Review.  Wages  aoid  Hours  of 
Hotel  and  Restaurant  Employees.  Volume  IX. 
Number  3.    September,  1919. 

The  survey  includes  153  hotels  and  258  restaurants. 
(Page  190.) 

In  the  hotel  and  restaurant  industry  the  daily  rate 
of  wages  bears  la  fairly  close  relation  to  the  actual  earn- 
ings for  each  day  worked,  because  of  the  comparatively 
small  amount  of  overtime  paid  for  in  addition  to  the 
regular  wage,  and  because  of  the  prevalence  of  full-time 
work.  In  order  to  present  all  data  in  one  table  the  weekly 
and  monthly  rates  have  been  reduced  to  daily  rates  cal- 
culated as  follows :  Monthly  rates  of  wages  were  divided 
by  30  and  weekly  rates  by  6  or  7,  according  as  the  em- 
ployee was  paid  on  a  6  or  7  day  basis.     (Pages  194-195.) 

The  most  striking  feature  of  the  tables  is  the  low 
average  money  wage  received  in  the  majority  of  occupa- 
tions. This  indicates  the  need  for  a  scientific  study  of 
the  advisability  of  paying  a  straight  money  wage  in  this 
industry,  and  of  the  value  to  the  employee  of  meals  and 
lodging  tendered  in  lieu  of  wages.  Such  a  study  would 
aiford  a  basis  for  comparing  the  earnings  of  these  em- 
ployees with  their  cost  of  living,  and  with  the  wages  paid 
persons  engaged  in  occupations  in  other  industries  which 
require  a  similar  degree  of  skill.    (Page  196.) 


357 

Eate  of  wages  per  day  for  hotel  and  restaurant  employees 
by  occupation,  room  and  meals. 


Checkers 

Cleaners 

Cooks 

Dishwashers 

Helps^  Hall 
Waiter 

Compensation 

Other  Than 

Wages 

No. 

Average 

Rate  of 

Wages 

Per 

Day 

No. 

Average 

Rate  of 

Wages 

Per 

Day 

No. 

Average 

Rate  of 

Wages 

Per 

Day 

No. 

Average 

Rate  of 

Wages 

Per 

Day 

No. 

Average 

Rate  of 

Wages 

Per 

Day 

Room  and  3  meals  . . 

28 

336 

57 

3 

3 

$1.54 
1.87 
1.88 
1.27 
2.58 

258 
180 
161 
114 
439 

$  .89 

1.18 

.92 

1.25 

1.39 

10 

278 

61 

$1.52 
2.16 
2.37 

109 
1,311 

243 
49 
12 

$1.00 

1.28 

1.34 

.87 

1.46 

39 
201 

$1.00 
1.25 

2  meals 

Imeal       .... 

NnfliinE 

Kitchen  Help 

Linen  Room 
Employees 

Maids 

Pantry  and 
Counter  Helpers 

Waitresses 

Room  and  3  meals.. . 
3  meals. 

110 

875 

116 

3 

$1.11 
1.56 
1.34 
1.50 

242 

138 

9 

25 

128 

$1.06 
1.33 
1.47 
1.57 
1.60 

1,722 

448 

65 

202 

1,611 

$0.84 
1.10 
1.11 
1.45 
1.34 

153 

1.180 

331 

12 

1 

$1.14 

1.55 

1.59 

1.22 

.25 

48 
2,263 
824 
174 
34 

$1.09 
1  46 

2meal3 

1.40 

1  meal      

87 

Nothing 

1.30 

(Compiled  from  pages  198-203) 


Massachusetts  Minimum  Wage  ''Commission.  Bulletin 
No,  17.  September  J  1918.  Wages  of  Women  vn 
Hotels  and  Restaurants. 

From  65  restaurants  a  complete  transcript  of  the  pay- 
roll record  was  taken  for  each  woman  employed  during 
the  fifty-two-week  period  preceding  the  beginning  of  the 
investigation.  These  wage  data  concern  2,816  women. 
In  addition,  wage  information  for  one  week  in  the  year 
was  taken  from  19  restaurants  open  all  the  year  round, 
and  from  3  open  only  in  summer.     (Pages  13-14.) 

Rates  of  Payment.  The  wage  situation  in  hotels  and 
restaurants  is  complicated  by  the  fact  that  payment  in 
other  forms  of  compensation,  such  as  meals  and  lodging, 
is  made  in  addition  to  a  money  wage.  1,453,  or  almost 
two-thirds  (60.3  per  cent.)  of  the  2,411  women  employed 
in  hotels  open  all  the  year  round,  were  furnished  with 


358 

lodging  and  three  meals  a  day.  The  second  largest 
group,  consisting  of  824  women,  or  one-third  (34.2  per 
cent.)  of  the  total  number  employed,  received  three  meals 
but  no  lodging.  As  might  be  expected,  the  proportion  of 
those  receiving  lodging  in  addition  to  wages  is  largest 
in  the  housekeeping  department,  that  is,  among  the  house- 
keepers, linen-room  girls,  chambermaids,  and  cleaners. 
Over  three-fourths  (78.7  per  cent.)  of  the  women  em- 
ployed in  the  housekeeping  department  were  found  to 
*'room  in,''  while  only  about  one-third  (35.8  per  cent.) 
of  the  dining-room  employees  had  lodgings  furnished. 
Very  few  dishwashers,  cashiers,  checkers,  or  waitresses 
received  lodging  in  addition  to  pay. 

Hotel  employees  who  are  provided  with  room  and 
board  are  also  relieved  of  the  expense  of  car  fares  to  and 
from  their  work,  yet  there  remain  necessary  expendi- 
tures for  clothing  (including  aprons  and  uniforms), 
laundry,  doctor,  and  dentist,  church,  recreation,  vacation, 
and  other  incidentals.  According  to  the  estimates  of  the 
various  wage  boards  established  by  the  Commission, 
these  expenses  would  average  about  $3.50  a  week.*  This 
estimate,  however,  makes  no  allowances  for  time  lost 
through  illness,  unpaid  vacations,  unemployment,  and 
shifting  from  job  to  job,  all  of  which  tend  to  cut  down 
actual  earnings.  iSince,  as  shown  by  the  tables  relating 
to  annual  earnings  and  fluctuation  of  employment,  work 
in  hotels  is  markedly  unsteady,  an  additional  amount  of 
at  least  50  cents  a  week  would  be  required  to  cover  the 
expenses  of  the  probable  average  period  of  involuntary 
unemployment.  This  amount  would,  of  course,  not  cover 
the  expenses  of  any  serious  illness  or  abnormal  period  of 
unemployment,  but  would  merely  insure  workers  of  a 
sum  sufficient  to  cover  their  living  costs  during  two  or 
three  weeks  of  vacation,  illness,  or  lack  of  work.  Work- 
ers who  were  given  both  board  and  lodging  should  there- 
fore have  received  in  addition  a  money  wage  of  not  less 
than  $4  a  week.     It  was  found,  however,  that  29.0  per 

♦The  average  of  the  minimum  cost  of  living  budgets  of  the  various  wage 
boards,  exclusive  of  the  allowance  for  room  and  board,  and  for  car  fare  In 
excess  of  10  cents  a  week,  amounts  to  exactly  $3.51. 


359 

cent,  of  this  group  received  less  than  this  amount.  This 
number  included  three-fifths  (60.3  per  cent.)  of  the 
waitresses,  nearly  two-fifths  (38.9  per  cent.)  of  the 
chamberm'aids  and  kitchen  girls,  about  one-third -(31.7 
per  cent. )  of  the  cleaners,  and  33.3  per  cent,  of  the  parlor 
maids.     (Pages  16-17.) 

For  girls  who  were  given  three  meals  a  day  but  no 
lodging,  a  money  wage  of  at  least  $7  a  week  would  have 
been  required  to  cover  the  minimum  cost  of  decent  living, 
since  the  cost  of  a  heated  room  and  car  fare  to  and  from 
work  would  have  meant  an  additional  expense  of  about 
$3  a  week.  Yet  it  was  found  that  85.4  per  cent,  of  the 
workers  in  this  group  received  less  than  that  amount. 
This  number  included  all  of  the  parlor  maids  and  clean- 
ers, over  95  per  cent,  of  the  waitresses,  kitchen  girls, 
and  chambermaids,  and  a  considerable  proportion  of  the 
workers  in  other  occupations. 

In  general,  it  was  found,  as  might  be  expected,  that 
wages  were  highest  in  the  most  skilled  land  responsible 
occupations,  such  as  those  of  head  waitress,  cashier,  cook, 
and  housekeeper.  The  lowest  wages,  on  the  other  hand, 
prevailed  chiefly  in  occupations  in  which  wages  were 
customarily  augmented  by  tips,  as  in  the  case  of  waitress- 
es and  chambermaids.  An  exception,  however,  is  found 
in  the  case  of  kitchen  girls,  cleaners,  and  waitresses  in 
help's  hall,  who,  although  also  among  the  lowest  paid  of 
hotel  employees,  seldom  receive  'any  tips.    (Pages  17-18.) 

Money  wages  were  considerably  lower  in  the  summer 
hotels,  where  two-thirds  (67.7  per  cent.)  of  the  employees 
were  paid  less  than  $4  a  week  as  compared  with  only  one- 
fifth  (19.3  per  cent.)  of  the  total  number  in  the  all-year 
hotels.  A  possible  reason  for  the  larger  proportion  of 
low-paid  employees  in  summer  hotels  is  that  they  are 
more  generally  expected  to  augment  their  wages  by  tips. 
But  this  explanation  does  not  account  for  the  low  wages 
of  many  workers,  such  as  dishwashers  and  kitchen  girls, 
who  are  not  in  a  position  to  receive  any  tips.    (Page  19.) 

As  shown  by  the  following  table,  which  summarizes 
the  facts  regarding  rates  of  wages  paid  in  hotels  and  in 
restaurants,  workers  in  restaurants  not  only  received  a 


360 

considerably  higher  money  wage,  as  would  be  expected 
from  the  fact  that  in  hotels  living  is  more  generally  pro- 
vided in  addition  to  wages,  but  also  a  higher  actual  wage. 
This  fact  is  brought  out  by  a  comparison  between  the 
wages  paid  to  workers  who  received  three  meals  but  no 
lodging  in  restaurants  and  in  hotels  open  all  through 
the  year.  ^  (Pages  20-21.) 

It  is  difficult  to  estimate  accurately  the  value  of  meals 
received.  In  some  restaurants  workers  were  furnished 
with  twenty-one  meals  a  week,  while  in  others,  run  on  a 
six-day  basis,  they  received  only  eighteen  meals.  The 
estimates  given  by  employers  of  the  value  of  meals 
ranged  from  $3  to  $5.25  per  week  for  three  meals  a  day. 
Many  employers  were  unable  to  place  a  cash  value  upon 
meals,  and  several  explained  that  their  figures  were  low 
because  they  had  not  been  revised  since  food  prices  had 
increased.  The  frequent  change  in  shifts  'also  makes  the 
money  value  of  meals  a  variable  figure.  The  situation  is 
further  complicated  by  the  amount  and  quality  of  the 
food  received.  The  State  Board  of  Labor  and  In- 
dustries* received  muny  complaints  from  hotel  employees 
about  the  inadequacy  and  poor  quality  of  the  food  served 
to  them,  and  several  of  the  restaurant  workers  inter- 
viewed by  agents  of  the  Commission  reported  that  they 
found  it  necessary  to  supplement  the  meals  furnished 
them  by  purchases  of  food  outside  the  restaurant.  (Pages 
23-24) 

The  Question  of  Tips. — In  the  effort  to  ascertain  to 
what  extent  and  how  adequately  money  wages  were  aug- 
mented by  tips,  agents  of  the  Commission  secured  per- 
sonal interviews  with  219  representative  restaurant  work- 
ers living  in  land  around  Boston. 

It  is  important  to  note  in  any  consideration  of  this 
question,  that  only  a  part  of  the  women  employed  in 
restaurants,  namely,  those  who  wait  upon  the  patrons, 
forming  approximately  50  per  cent,  of  the  total  number, 
have  any  opportunity  of  receiving  tips.     Furthermore, 

•Fourth   annual   report  of  the  State  Board   of  Labor  and  Industries,   pp. 
30,  31. 


361 

in  la  number  of  Boston  restaurants  patrons  do  not  give 
tip>s,  either  because  they  are  requested  not  to  do  so  or 
because  the  patronage  of  the  establishment  is  of-_such 
a  type  that  the  practice  is  not  usual.  Out  of  the  128 
waitresses  and  counter  girls  visited  in  this  investigation, 
37  girls  did  not  receive  anything  at  all  in  tips,  for  one 
or  the  other  of  the  'above  reasons.  Eighty-five  reported 
that  they  received  fees  averaging  from  25  cents  to  $15 
a  week.  Eleven  of  this  number,  however,  stated  that  the 
tips  which  the^y  received  did  not  amount  to  as  much  as 
$1  a  week,  and  only  one-half  of  those  reporting  fees  re- 
ceived over  $3  a  week  from  this  source. 

In  general,  workers  receiving  tips  stated  that  they 
would  not  like  to  have  the  custom  abolished,  yet  those 
working  in  restaurants  where  patrons  are  requested  not 
to  tip  seemed  to  appreciate  the  rule,  as  giving  them  a 
feeling  of  self-respect  and  a  definite  knowledge  of  what 
they  could  depend  upon  each  week.  In  most  cases  women 
prefer  an  adequate  money  wage  to  the  uncertainty  of 
fees.  Waitresses  were  emphatic  in  declaring  that  their 
returns  from  this  source  had  diminished  markedly  since 
the  beginning  of  the  war.  This  is  probably  because  of  a 
tendency  on  the  part  of  patrons  to  reduce  the  increased 
cost  of  food  by  cutting  down  on  tips.  The  common  sup- 
position that  waitresses  can  afford  to  accept  low  wages 
because  they  receive  large  tips  is  disproved  by  the  results 
of  this  inquiry.     (Page  28.) 

Expense  of  Uniforms  and  Laundry. — The  expense  of 
aprons  and  uniforms  is  also  a  question  that  deserves 
especial  consideration  in  the  study  of  the  wage  situation 
among  hotel  and  restaurant  employees.  A  special  style 
of  aprons  is  required  of  waitresses  in  the  majority  of 
establishments.  A  few  restaurants  supply  their  workers 
with  these.  For  those  who  must  buy  them,  the  expense 
depends  upon  the  style.  If  tea  aprons  are  worn  the  out- 
lay may  be  less  than  $1  a  year;  if  large  white  aprons  are 
required  the  cost  is  nearer  $3  or  $4.  White  waists  and 
black  skirts  usually  figure  also  in  a  waitress's  clothing 
budget.  At  least  one  restaurant  included  in  the  inves- 
tigation required  a  complete  uniform,  the  yearly  cost  of 
which  was  reported  as  ranging  from  $7.20  to  $11.25. 


362 


Waitresses  in  most  cases  find  rubber  heels  also  an  es- 
sential, and  require  from  three  to  six  pairs  a  year. 

The  laundering  of  aprons  or  uniforms  is  an  expense 
which  must  be  met  weekly  by  the  restaurant  worker. 
A  few  restaurants  pay  for  the  laundering  of  aprons  for 
dining-room  employees ;  of  the  girls  visited  78,  or  about 
one-third,  reported  some  laundry  done  for  them  by  the 
establishment.  Many  girls  who  wash  their  own  clothes 
send  out  their  aprons  in  order  that  they  may  be  done  well 
enough  to  suit  the  management.  Those  who  reported 
this  expense  separately  gave  figures  ranging  from  16 
cents  to  $1  a  week,  depending  upon  the  style  of  uniforms 
or  aprons  worn.     (Pages  28-29.) 

Bates  of  payment  for  women  employed  in  hotels  and 

restaurants.* 


Type  of  Establishment  and 

Cfompensation  Received  in 

Addition  to  Wages 

Percent,  of  Workers  with  Weekly  Rates  oi 

- 

Under 
$3 

Under 
$4 

Under 

$s 

Under 
$6 

Under 
$7 

Under 
$8 

Under 
$9 

$9  and 
over 

Hotels  Open  All  Year  Round 

Lodging  provided- 
Three  meals        

1.6 

29.0 
5.3 

72.1 

58.9 
100.0 



87.1 
18.2 

71.8 
100.0 

45^ 

30.8 

90.5 
18.2 

85.4 
100.0 
33.3 
47.9 

73.1 

92.1 
18.2 

88.6 
100.0 
100.0 

58.3 

80.8 

93.9 
100.0 

91.1 
100.0 
100.0 

81.3 

90.4 

6  1 

Number  of  meals  variable  or 
not  specified 

100  0 

No  lodging  provided — 
Three  meals 

8.9 

One  meal         '. . . . 

18.7 

Number  of  meals  variable 
or  not  specified 

9.6 

Total      

.5 
.3 

19.3 

68.3 
52.0 

64.4 

82.6 
68.0 

79.5 

90.2 
96.0 

87.2 

92.5 
100.0 

89.7 

94.7 
100.0 

92.7 

95.8 
100.0 

7  3 

Summer  Hotels 

Lodging  provided — 

4  2 

No  lodging  provided — 
Three  meals 

Total      

.2 

4.0 
.3 

67.7 

.4 

1.8 

44.0 

13.6 

9.5 

82.2 

2.9 

6.0 

65.3 

17.2 

9.5 

90.4 

18.8 
23.1 
84.3 
22.6 

28.6 

92.8 

52.7 
50.3 
90.6 
27.2 

66.7 

94.9 

86.8 
68.9 
95.1 
27.6 

81.0 

95.9 

91.2 
78.7 
98.1 
29.7 

81.0 

4  1 

Restaurants 

Three  meals 

8  8 

Two  meals 

21  3 

1  9 

No  meals       

70  3 

Number  of  meals  variable  or 

19  0 

Total 

.8 

9.6 

15.9 

31.6 

56.1 

77.5 

82.8 

17.2 

(Page  22) 

*  OflScial  Massachusetts  Retail  Millinery  Wage  Board  contemporaneous  minimum  cost  of  living  budget , 
111.64. 


363 

TJ.  8.  Department  of  Labor,  Women's  Bureau.  Bulletin 
of  the  Women's  Bureau^  No.  9.  Home  Work  in 
Bridgeport,  Connecticut.    December,  1919.     

Weekly  earnings  from  home  work,  by  class  of  work  per- 
formed, Bridgeport,  Conn.,  1919. 

Number  of  families 
receiving  specified 
Weekly  Earnings  Weekly  earnings 

Less  than  $1 „ 2 

$1  and  less  than  $2 1 

$2  and  less  than  $3 10 

$3  and  less  than  $4 21 

$4  and  less  than  $5 22 

$5  and  less  than  $6 13 

$6  and  less  than  $7 8 

$7  and  less  than  $8 5 

$8  and  less  than  $9 4 

$9  and  less  than  $10 2 

$10  and  less  than  $11 6 

$11  and  less  than  $12 

$12  and  less  than  $13 5 

$13  and  more 1 

Total 100 

(Page  12.) 

As  the  table  shows,  the  median  earnings  were  between 
$4  and  $5  for  a  week's  work  with  only  31  of  the  group  of 
100  reporting  earnings  of  $6  or  more.    (Page  13.) 

Summary  of  Facts. 

{d)  The  earnings  from  home  work  are  very  low,  how- 
ever, and  constitute  merely  a  supplementary  income  in 
spite  of  the  fact  that  several  members  of  the  household 
often  take  part  in  the  work.  This  seems  to  be  due  to 
two  main  causes,  (1)  low  rates  of  pay  and  (2)  the  small 
output  of  an  unsupervised  process  and  the  general  in- 
efficiency of  the  entire  home-work  system,  requiring,  as  it 
does,  that  the  workers  shall  take  time  to  call  for  the 


364 

goods  at  the  factory  and  deliver  them  after  they  are  com- 
pleted, while  also  the  worker  is  constantly  interrupted  by 
home  duties  and  lacks  the  stimulus  of  a  well-organized 
factory  department  to  make  possible  effective  produc- 
tion.    (Page  9.) 

Widespread  recognition  of  the  close  connection  be- 
tween low  wages  and  home  work  has  led  to  many  recom- 
mendations for  minimum  wage  laws,  both  to  reduce  the 
amount  of  home  work  and  to  raise  the  rate  of  pay  for 
that  which  still  continues. 

In  1908  a  special  committee  was  appointed  in  England 
to  report  to  the  House  of  Commons  on  means  of  remedy- 
ing existing  abuses  in  trades  in  which  home  work  was 
prevalent.    In  its  report*  this  committee  stated: 

No  proposals  which  fail  to  increase  the  income  of 
these  people  can  have  any  appreciable  effect  in  amelio- 
rating their  condition.  Improved  sanitary  conditions  are 
important,  and  necessary;  greater  personal  and  domestic 
cleanliness  in  many  cases  is  desirable;  but  the  poverty, 
the  miserably  inadequate  income  of  so  many  of  the  home 
workers  is  the  great  difficulty  of  the  situation.  With  an 
increase  in  their  earnings  many  of  the  other  undesirable 
conditions  which  intensify  and  in  turn  are  aggravated  by 
the  ever-present  burden  of  grinding  poverty  would  be 
very  appreciably  modified  and  improved.  *  *  *  Your 
committee  are  of  the  opinion  that,  unless  Parliament 
steps  in  and  gives  them  the  protection  and  support  which 
legislation  alone  can  supply,  the  prospects  of  any  real 
and  substantial  improvement  in  their  position  and  con- 
dition being  brought  about  are  very  small  and  remote. 
*  *  *  Upon  the  question  of  the  general  policy  of  Par- 
liament fixing  or  providing  for  the  fixing  of  a  minimum 
rate  of  payment  for  work,  below  which  it  should  be  ille- 
gal to  employ  people,  your  committee  are  of  the  opinion 
that  it  is  quite  as  legitimate  to  establish  by  legislation 
a  minimum  standard  of  remuneration  as  it  is  to  establish 
such  a  standard  of  sanitation,  cleanliness,  ventilation, 
air  space,  and  hours  of  work.     *     *     *     It  is  doubtful 


•Great  Britain,  House  of  Commons,  Report  from  the  Select  Committee  on 
Home  Worl£,  1908.     (Pages  23-24.) 


365 

whether  there  is  any  more  important  condition  of  indi- 
vidual and  general  well-being  than  the  possibility  of  ob- 
taining an  income  sufficient  to  enable  those  who  earn  it 
to  secure,  at  any  rate,  the  necessaries  of  life.  If  a  trade 
will  not  yield  such  an  income  to  average  industrious 
workers  engaged  in  it,  it  is  a  parasite  industry,  and  it  is 
contrary  to  the  general  well-being  that  it  should  con- 
tinue. Experience,  however,  teaches  that  the  usual  result 
of  legislation  of  the  nature  referred  to  is  not  to  kill  the 
industry  but  to  reform  it.** 

During  the  same  year  the  British  Government  ap- 
pointed a  commission  to  investigate  the  workings  of  the 
wages  boards  and  industrial  conciliation  and  arbitration 
acts  in  Australia  and  New  Zealand.  The  wage  rates  es- 
tablished in  those  countries  applied  to  home  as  well  as 
factory  workers,  so  the  report  on  this  subject  is  signi- 
ficant. In  speaking  of  conditions  in  Victoria  after  the 
establishment  of  the  wages  boards,  Mr.  Aves,  the  com- 
missioner, said: 

There  is  also  a  very  widely  spread  belief  that  the 
boards  have  been  instrumental,  some  say  in  abolishing,, 
and  others  in  modifying  the  evils  of  **  sweating, ''  and, 
from  the  complex  motives,  there  is  in  Victoria  a  great 
preponderance  of  opinion  amongst  all  classes  in  favour 
of  the  retention  of  the  boards.** 


Where  High  Prices  Hurt  Most.    Edwabd  T.  Devine.  The 
Survey.    September  15,  1920. 

The  Survey  has  been  making  some  inquiries  as  to  how 
the  poor — those  known  to  the  organized  charities — have 
been  faring  in  this  five-year  period  of  rising  prices,  more 
slowly  rising  wages,  high  and  irregular  profits  and  in- 
terest, wasteful  war  expenditures,  enforced  savings,  and 
prohibition.  Our  information  comes  from  one  hundred 
cities  and  towns,  including  all  of  the  larger,  and  from 
more  than  a  hundred  societies.    Catholic  and  Jewish,  as 

**See  foot  note,  p.  364. 


366 

well  as  the  general  unsectarian  agencies,  have  been  con- 
sulted. 

The  executive  secretaries  of  the  charity  organization 
societies  and  other  agencies  engaged  in  social  work  for 
families  from  whom  our  reports  come,  and  their  visitors, 
have  the  best  of  opportunities  for  observation ;  they  are 
trained  in  accuracy  of  statement;  and  they  have  no  pos- 
sible reason  for  exaggeration  or  misrepresentation. 

The  large  outstanding,  although  not  at  all  surprising 
feature  of  the  correspondence  is  that  it  testifies  with  one 
accord  that  the  cost  of  living  among  these  marginal 
families  has  doubled  or  more  than  doubled  in  the  past 
five  years,  and  that  their  earned  incomes  have  increased 
very  much  less  than  their  expenses. 

The  societies  are  of  course  acquainted  with  many 
families  in  which  the  wages  of  particular  members  have 
increased  as  much  as  the  general  increase  in  the  cost  of 
living.     (Page  710.) 

The  increased  cost  of  food  has  affected  them  earliest 
and  most  seriously.  How  has  it  been  met?  Chiefly,  un- 
fortunately, by  doing  without.  They  have  had  to  do  with- 
out milk  for  children ;  without  meat,  butter,  eggs,  fruits, 
and  vegetables  for  both  adults  and  children.  They  have 
not  starved.  They  have  eaten  more  bread  and  mac- 
aroni. They  have  drunk  more  tea  and  coffee.  Their 
diet  has  therefore  been  unbalanced.  They  have  suffered 
from  under-nourishment.  Medical  officials  in  an  eastern 
city  are  referring  cases  more  frequently  with  a  definite 
diagnosis  of  malnutrition,  and  we  may  confidently  ex- 
pect that  the  higher  death-rates  will  come.  (Pages  710- 
711.) 

What  has  all  the  health  propaganda  of  the  past  gen- 
eration amounted  to  other  than  to  emphasize  the  im- 
portance of  an  abundance  of  plain  but  nourishing  food? 
Milk  for  babies,  suitable  and  adequate  diet  for  expectant 
and  nursing  mothers,  fruit  and  fresh  vegetables  and  but- 
ter fats  for  all  except  infants,  have  been  insisted  upon 
in  season  and  out  of  season. 

It  appears  that  there  are  other  means  of  meeting 
deficits  in  family  incomes  besides  doing  without  or  ap- 


367 

plying  for  relief.  They  are  for  the  most  part  the  old 
familiar  devices.  Mothers  who  should  be  at  home  look- 
ing after  their  children  go  out  to  work.  Children  work 
illegally  or  at  the  earliest  possible  moment,  sacrificing 
their  education.  Lodgers  or  boarders  are  taken  into 
homes  already  crowded.  One  result  of  this  is  an  increase 
in  immorality  of  girls  in  the  families  into  which  lodgers 
are  taken.  At  least  this  is  the  way  it  is  reported — the 
immorality  of  the  lodgers  apparently  being  taken  for 
granted.     (Page  711.) 

Overcrowding  has  increased  in  other  ways  than  by 
taking  in  lodgers.  Frequently  two  families  move  to- 
gether, taking  the  rooms  formerly  occupied  by  one. 
Again,  the  family  will  move  into  a  janitor *s  apartments, 
the  man  or  the  wife  doing  janitor's  work  in  addition,  it 
may  be,  to  some  other  regular  occupation.  Or  a  direct 
exchange  will  be  made  to  a  smaller  apartment,  at  the 
same  or  perhaps  even  a  higher  rental  than  had  pre- 
viously been  paid  for  the  larger  one.     (Pages  711-712.) 

Enforced  employment  of  mothers,  under  the  condi- 
tions existing  in  these  families,  must  not  be  thought  of 
as  a  part  of  the  general  movement  of  girls  and  women 
into  industry.  It  is  an  abnormal  and  unwelcome  neces- 
sity. Women  who  have  never  worked,  even  before  mar- 
riage, and  who  have  no  desire  to  prove  their  emancipa- 
tion by  any  such  means,  are  compelled  to  put  their  chil- 
dren in  day  nurseries  and  go  to  work  in  order  to  supple- 
ment the  earnings  of  husband  and  grown  children.  They 
are  working,  not  from  choice,  but  because  of  the  high 
cost  of  living.  They  may  borrow,  if  there  is  any  one  to 
give  them  credit;  and  so  doing,  they  may  fall  into  the 
hands  of  loan  sharks.  The  few  references  on  this  sub- 
ject in  our  letters  indicate  that  the  alleged  buying  of 
luxuries — pianos,  victrolas,  and  fur  coats — on  the  install- 
ment plan  is  mythical,  but  that  many  families  are  re- 
duced to  buying  necessities  for  household  use  by  this  ex- 
travagant method.     (Page  712.) 


368 

(2)     In  Many  Industries  and  Occupations  the  Increase 

of  Wages  During  the  War  Period  Did  Not  Create 

a  Living  Wage. 

The  loose  statement  is  constantly  made  that  wages 
rose  during  the  war  period  equally  with  the  cost  of  living 
and  in  some  industries  higher.  It  has  also  been  claimed 
that  during  this  period  minimum  wage  legislation  was 
unnecessary  and  ineffective  where  in  force.  Repetition  is 
no  proof  of  truth.  The  careful  statistics  of  the  Massa- 
chusetts minimum  wage  commission  show  that  the  war 
increase  of  wages  did  not  affect  many  of  the  lower  paid 
industries,  employing  chiefly  women,  sufiiciently  to  keep 
pace  with  the  rise  in  prices,  much  less  bring  wages,  low 
before  the  war,  up  to  the  cost  of  living. 

Z7.  8.  Department  of  Labor.  Bulletin  of  the  Woman  in 
Industry  Service  No.  4.  Wages  of  Co/ndy  Makers 
in  Philadelphia  in  1919. 

In  view  of  the  generally  prevailing  opinion  that  be- 
cause of  T^ar  conditions  high  wages  had  become  the 
universal  practice  in  industry,  it  was  thought  that  facts 
were  needed  to  show  the  actual  conditions  after  the  war 
in  the  trades  in  which  before  the  war  instances  of  a  low 
wage  scale  had  been  numerous.  Such  an  industry  was 
candy  making,  as  facts  obtained  in  official  investigations 
had  demonstrated.  The  wages  of  oandy  makers  were  in- 
cluded in  investigations  made,  for  example,  by  the  Com- 
missioner of  Labor  of  the  United  States  in  1907-8,  as 
authorized  by  act  of  Congress,  and  by  the  New  York 
State  Factory  Investigating  Commission  in  1914.  In 
both  of  these  important  inquiries  'an  alarmingly  large 
proportion  of  the  women  employed  in  candy  making  were 
receiving  less  than  the  minimum  accepted  as  essential 
for  subsistence.     (Pages  8-9.) 


369 

It  was  found  [in  1907-8]*  that  91.1  per  cent  of  the 
women  workers  aged  18  years  and  over  earned  less  than 
$8  la  week  in  Pennsylvania  candy  factories.     (Page  16.) 

Although  nominal  wages  have  unquestionably  risen 
since  the  earlier  investigations  referred  to,  the  greater 
part  of  this  increase  having  taken  place  since  the  begin- 
ning of  the  war,  the  improvement  in  actual  earnings  in 
relation  to  the  cost  of  living  is  not  marked.  In  order  to 
find  just  what  the  change  has  been,  the  Bureau  of  Labor 
Statistics  was  asked  to  furnish  figures  showing  the  in- 
crease in  cost  of  living  since  1908,  the  date  of  the  Federal 
investigation  which  included  confectionery  workers  in 
Pennsylvania.  The  average  price  of  food  in  1918  was  100 
per  cent  higher  than  for  the  year  1908,  while  in  December, 
1918,  it  was  123  per  cent  higher  than  for  the  year  1908. 
If  the  above  relation  between  cost  of  food  and  total 
cost  of  living  may  be  assumed  to  be  fairly  steady,  this 
means  that  in  the  year  1918  the  cost  of  living  had  risen 
by  90  per  cent,  and  by  December,  1918,  by  111  per  cent 
over  the  price  for  the  year  1908.  *  *  *  The  mean  of 
the  increase  for  the  year  and  for  December  of  1918  was 
taken,  which  gives  a  rise  in  the  cost  of  living,  as  com- 
pared with  1908,  of  100  per  cent.  On  this  basis,  $10  in 
January,  1919,  had  a  purchasing  power  equal  to  $5  in 
1908,  $12  at  the  later  date  equaled  $6  at  the  earlier,  and 
so  on.     (Pages  27-28.) 


•S.  Doc.  645,  61st  Cong,,  2d  sess.,  Report  on  Condition  of  Woman  and  Child 
Wage  Earners  in  the  United  States,  Vol.  XVIII,  Employment  of  Women  and 
Children  in  Selected   Industries,  p.  136.     (Page  17.) 


370 


Distribution  of  female  confectionery  workers  aged  18  or 
over  in  1908  and  1919  receiving  wages  of  equiva- 
lent purchasing  power,  by  wage  group. 


19081 

1919» 

Employees 

Receiving  Each 

Amount 

Wage  Group. 

Employees 

Receiving  Each 

Amount 

Wage  Group 

Number 

Percent. 

Amount  Received 

Purchasing 
Power  in 
Terms  of  1908 
Wages  Equiva- 
lent to— 

Number 

Percent. 

Under  $5 

103 
153 
226 
246 
2 

41.5 
61.7 
91.1 
99.2 
.8 

Under  $10    . 

Under  $5 

Under  $6 

Under  $8 

Under  $10.... 
$10  and  over. . 

190 
312 
483 
558 
41 

31  7 

Under  $6 

Under  $12 

52  1 

Under  $8 

Under  $16 

80  6 

Under  $10 

Under  $20 

93  1 

$10  and  over  . 

$20  and  over 

7  0 

Total 

Total 

248 

100.0 

599 

100  0 

1  Figures  compiled  from  S.  Doc.  645,  6l3t  Cong.,  2d  sess.,  Report  on  Condition  of  Woman  and  Child  Wage 
Earners  in  the  United  States,  Vol.  XVIII,  p.  136. 
s  Figures  from  present  report.  Table  11,  p.  23. 

This  shows  an  appreciable  increase  in  the  wage  level 
of  those  aged  18  or  over  in  the  ten  years  or  more  which 
intervened  between  the  two  investigations,  but  even  so, 
the  improvement  is  far  from  satisfactory.  Even  in  this 
group,  which  includes  the  higher-paid  workers,  and  shuts 
out  the  youirg  girls  who  swell  the  numbers  in  the  lower 
earnings  groups,  there  are  still  four-fifths  who,  accord- 
ing to  the  standards  of  1908,  do  not  earn  a  living  wage. 
(Page  29.) 


Fifth  Anwwal  Report  of  the  Minimum  Wage  €ommissian 
of  Massachusetts.    December  31,  1917. 

In  this  country  as  in  the  countries  of  Europe  the  war 
has  caused  a  widening  disparity  between  the  price  of 
essential  commodities  and  the  purchasing  power  of  the 
wages  paid  in  a  large  number  of  the  traditional  woman- 
employing  occupations.  The  Commission  has  estimated 
that  the  cost  of  living  of  a  wage-earning  woman  in 


371 

Massachusetts,  based  upon  retail  prices  weighed  accord- 
ing to  the  proportion  which  each  item  of  expenditure 
forms  of  the  total  weekly  budget,  increased  at  least  35 
per  cent,  in  the  period  between  October,  1915,  and  Octo- 
ber, 1917.  On  the  other  hand  inquiry  has  shown  that 
except  in  a  relatively  smiall  number  of  industries  there 
has  been  no  general  increase  in  wages  at  all  comparable 
with  this  rise  in  living  costs.     (Pages  39-40.) 


Sixth  Annual  Report  of  the  Minimum  Wage  Commdssion 
of  Massachusetts,    November  30,  1918, 

The  war  has  served  to  emphasize  the  need  for  pro- 
tecting the  wages  of  unskilled  women  workers.  One  of 
the  strange  anomalies  of  the  war-time  employment  of 
women  has  been  the  existence  side  by  side  of  industries 
paying  exceptionally  high  wages,  and  others  where  the 
wage  level  was  only  slightly  above  that  in  the  pre-war 
period.  Outside  of  the  distinct  war  industries  the  wages 
of  the  majority  of  women  workers  have  lagged  far  behind 
the  cost  of  living.  According  to  data  collected  by  the 
United  States  Bureau  of  Labor  Statistics,  the  increase  in 
retail  food  prices  alone,  from  September  15,  1913,  to 
September  15,  1918,  has  been  72  per  cent.*  For  the 
masses  of  women  workers  no  corresponding  wage  in- 
creases have  been  made  during  this  period. 

Some  indication  of  the  increased  cost  of  living  for 
self-supporting  women  in  this  State  is  given  by  the  series 
of  minimum  budgets  approved  by  the  Commission's  wage 
boards  from  1913  (the  year  the  Commission  began  its 
work)  to  the  present  year.  These  budgets  range  from 
$8.71  a.  week,  voted  by  the  first  wage  board,!  to  $12.50, 
voted  by  the  latest  wage  board. t     (Pages  35-36.) 

During  the  summer  and  fall  of  1918  wage  records 
available  for  tabulation  were  secured  from  11  fish-canning 

♦United    States    Bureau    of    Labor    Statistics    Monthly    Review,    November, 
1918,  p.  77. 

tBrush  Makers  Wage  Board. 
{Wholesale  Millinery  Wage  Board. 


372 

factories,  and  from  11  establishments  engaged  in  canning 
pickles,  preserves,  sauces,  and  other  products.  In  both 
types  of  factories  rates  for  the  majority  of  workers  were 
below  the  standard  of  living :  59.3  per  cent,  of  the  women 
employed  in  fish-handling  establishments  and  71.4  per 
cent,  of  those  in  the  other  establishments,  were  scheduled 
to  receive  less  than  $9  a  week.  Only  51  had  total  annual 
earnings  of  as  much  as  $450,  or  the  equivalent  of  $9  a 
week  throughout  the  year.  [Contemporaneous  cost  of 
living  budgets:  retail  millinery  board.  May  7,  1918, 
$11.64;  and  wholesale  millinery  board,  November  13, 
1918,  $12.50.] 

In  connection  with  these  rates  and  earnings  it  should 
be  remembered  that  the  period  covered  was  one  of  ex- 
ceptionally high  wages.  The  prominence  given  to  ^^war 
wages,''  however,  has  caused  many  to  overlook  the  fact 
that  in  some  of  the  non-war  industries,  especially  those 
employing  unskilled  labor,  wage  advances  have  been  very 
slight,  and  have  entirely  failed  to  keep  pace  with  the  in- 
crease in  the  cost  of  living.     (Pages  18-19.) 

In  [seven  candy  establishments]  a  transcript  of  the 
pay-roll  for  the  four  months,  June  to  September,  1918, 
was  taken.    (Page  22.) 

From  this  it  appears  that  nearly  two-thirds  of  the 
women  and  girls  in  the  candy  factories  visited  were  re- 
ceiving less'than  $9  a  week.  [Contemporaneous  cost  of 
living  budget  voted  by  the  office  and  other  building  clean- 
ers wage  board,  June  19,  1918,  $11.54.]  The  low  level 
both  of  rates  and  earnings  is  the  more  surprising,  in 
view  of  the  labor  shortage  and  the  competition  with  mu- 
nition factories  that  existed  at  the  time  the  invesigation 
was  made.  It  serves,  however,  to  show  the  persistence 
of  low  wages  in  occupations  which  depend  mainly  upon 
the  labor  of  unskilled  women  and  girls.     (Page  23.) 

Following  the  investigation  made  in  1916-17  into  the 
wages  paid  in  the  millinery  trades,  a  supplementary  in- 
vestigation of  wages  in  the  wholesale  millinery  occupa- 
tion was  made  by  the  Commission  in  the  summer  of  1918. 
This  showed  but  slight  improvement  in  wage  conditions, 
and  indicated  that  a  substantial  number  of  the  women 


373 

employed  were  receiving  wages  inadequate  to  meet  the 
necessary  cost  of  living  and  to  maintain  them  in  health. 
(Page  27.) 


Seventh  Annual  Report  of  the  Minimum  Wage  XJommis- 
sion  of  Massachusetts,    November  30, 1919. 

An  inquiry  into  the  wages  of  women  employed  in 
paper  box  factories  was  made  by  the  Commission  in  the 
early  part  of  1915.  A  second  investigation  of  the  paper 
box  industry  was  undertaken  by  the  Commission  [in 
1919.]  This  investigation  is  based  on  pay-roll  records 
from  16  of  the  24  establishments  included  in  the  former 
study,  and  covers  the  four-month  period,  October,  1918, 
through  January,  1919.  Wage  records  were  secured  for 
1,301  women  and  girls.  Of  these  records  1,054  were  avail- 
able for  tabulation.  Average  weekly  earnings  for  this 
group  show  nine-tenths  (89.3  per  cent)  and  seven-tenths 
(68.2  per  cent),  respectively,  earning  under  $15  and 
under  $12  a  week.  *  *  *  The  results  of  both*  investi- 
gations indicate  little  actual  improvement  in  the  wage 
situation  since  1914.     (Page  19.) 

A  reinspection  under  the  Men^s  Clothing  and  Eain- 
coat  Decreet  [$9.00]  which  became  effective  January  1, 
1918,  was  made  during  March  and  April  [1919].  "Wage 
rates  in  this  occupation  show  more  striking  increases 
than  in  any  other  investigation  made  by  the  Commission. 
These  increases  are,  however,  mainly  due  to  changes  in 
economic  conditions,  and  to  trade  agreements  within  the 
industry.  In  1915,  the  period  covered  by  the  original 
investigation,  over  three-fourths  of  the  women  (77.8 
per  cent)  had  rates  under  $9.  The  present  inspection 
[1919]    showed  only  one-twentieth  (5.3  per  cent)  with 


♦The  other  Investigation  here  referred  to  was  that  of  the  New  England 
division  of  National  Paper  Box  Manufacturers'  Association. 

tStatement  and  Decree  concerning  the  Wages  of  Women  in  Men's  Clothing 
and   Raincoat  Factories  in  Massachusetts,  August  31,  1917. 


374 

rates  as  low  as  that.  Nearly  one-half,  however,  had 
rates  less  than  $13  a  week. 

The  first  inspection  under  the  Men's  Furnishings 
Decree,*  which  went  into  operation  February  1,  1918 
[$9.00],  was  made  in  the  early  part  of  that  year.  A 
second  inspection  was  started  in  December,  1918.  (Page 
44.) 

Although  approximately  only  one-tenth  of  the  women 
had  rates  below  $9,  one-half  had  rates  below  $12  a  week. 
Very  few  were  found  receiving  rates  of  $15  a  week  or 
over. 

The  inspection  under  the  Muslin  Underwear  Decree 
[$9.00],  effective  August  1,  1918,  was  started  last  No- 
vember, and  completed  the  following  December. 

Although  the  inspection  shows  a  considerable  advance 
in  earnings  since  1915-16,  the  period  covered  by  the 
original  investigation,  this  advance  is  not  comparable 
with  the  increase  in  the  cost  of  living  within  the  same 
period.    (Page  45.) 


Massachusetts  Minimum  Wage  Corn-mission.  Bulletin 
No.  18.  January^  1919.  Supplementary  Report 
on  the  Wages  of  Women  in  Candy  Factories  in 
Massachusetts. 

A  comparison  of  average  weekly  earnings  between 
1913  and  1918  shows  for  these  two  establishments,  which 
were  included  in  both  studies,  a  considerable  increase  in 
wage  payments  over  those  recorded  in  the  pre-war 
period.  In  1913  only  .7  per  cent,  of  the  employees  in 
establishment  No.  3  and  1.8  per  cent,  of  those  in  No.  6 
were  earning  ^9  a  week  or  more.  In  1917-18  the  per- 
centages had  risen  to  24.1  and  6.2  per  cent.,  respectively. 
(Page  16.) 

The  average  advance,  however,  has  not  equalled  the 

♦statement  and  Decree  concerning  the  Wages  of  Women  employed  in  the 
manufacture  of  Men's  and  Boys'  Shirts,  Qyeralls  and  Other  Workingmen's 
Garments,  Men's  Neckwear  and  Other  Furnishings,  and  Men's,  Women's  and 
Children's  Garters  and  Suspenders  in  Massachusetts,  October  26,  1917. 


375 

increase  in  living  cost  during  the  same  period.    No  gen- 
eral increase  in  real  wages  is  shown,    (Page  23.) 

In  connection  with  the  increase  in  money  wages,  the 
decrease  in  the  purchasing  power  of  the  dollar  during" 
this  period  should  he  taken  into  consideration. 

Eetail  prices  of  food  in  the  United  States  increased 
72  per  cent,  from  September  15,  1913  to  September  15, 
1918,  according  to  figures  compiled  by  the  United  States 
Bureau  of  Statistics.*     (Page  16.) 

In  spite  of  these  increases,  rates  of  wages,  so  far  as 
records  for  them  could  be  secured,  run  surprisingly  low. 
Of  259  women  and  girls  receiving  specified  weekly  rates, 
64.1  per  cent,  had  rates  under  $9,  and  45.9  per  cent,  had 
rates  under  $8  a  week.  While  these  data  do  not  warrant 
conclusions  as  to  the  prevailing  rates  in  the  largest  fac- 
tories included  in  the  survey,  it  shows  that  a  consider- 
able proportion  of  the  individual  employees  for  whom 
such  records  were  available  were  paid  wage  rates  which 
under  present  conditions  are  less  than  the  minimum  cost 
of  living.     (Page  18.) 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  19.  March,  1919.  Wages  of  Women  Employed 
in  Canning  and  Preserving  Establishments  in 
Massachusetts. 

The  average  [wage  rate]  based  on  the  total  for  both 
branches  [fish  canning  and  preserving  and  preserve, 
pickle,  vegetable,  sauce  and  meat  canning]  is  surprisingly 
low.  IMore  than  three-fifths  are  paid  at  rates  under  $9  a 
week,  and  nearly  two-fifths,  at  rates  under  $8.  [Cost  of 
living  budget  of  the  wage  board  for  the  canning  and  pre- 
serving industries,  $11.] 

It  should  be  remembered  that  these  rates  are  for  full- 
time  employment,  and  that  in  the  majority  of  canneries 
the  working  hours  are  the  maximum  permitted  by  law. 

♦United  States  Bureau  of  Labor  Statistics,  Monthly  Review,  November,  1918, 
p.  77. 


376 

It  should  also  be  remembered  in  this  connection  that  the 
period  covered  (1917-18)  was  one  of  business  expansion, 
when  *^war  wages''  had  nearly  reached  the  high- water 
mark.     (Page  15.) 

In  connection  with  these  rates  and  earnings  it  should 
be  remembered  that  the  period  covered  was  one  of  ex- 
ceptionally high  wages.  The  prominence  given  to  **war 
wages,''  however,  has  caused  many  to  overlook  the  fact 
that  in  some  of  the  non-war  industries,  especially  those 
employing  unskilled  labor,  wage  advances  were  very 
slight,  and  entirely  failed  to  keep  pace  with  the  increase 
in  the  cost  of  living.    (Pages  20-21.) 


Massachusetts  Minimumfi  Wage  Commission.  Bulletin 
No.  21.  November,  1919.  Second  Report  on  the 
Wages  of  Women  in  Corset  Factories  in  Massa- 
chusetts. 

Compared  with  the  previous  investigation,  that  of 
1913,  the  wage  situation  as  shown  by  average  weekly 
earnings  appears  less  favorable  than  six  years  ago.  As- 
suming the  approximate  equivalence*  in  purchasing 
power  of  $5,  $7,  and  $9  in  1913  with  $9,  $12,  and  $15,  re- 
spectively, ~in  1919,  the  corresponding  percentages  of 
women  receiving  less  than  these  amounts  in  each  period 
are :  in  1913,  20.0  per  cent,  53.5  per  cent  and  83.6  per  cent, 
respectively ;  and  in  1919,  36.8  per  cent,  67.1  per  cent,  and 
89.6  per  cent,  respectively. 

In  connection  with  these  figures  it  should  be  remem- 
bered that  the  corset  industry  was  seriously  affected  by 
war  conditions ;  that  the  period  covered  by  the  study  was 
one  of  transition ;  and  that,  owing  to  temporary  adjust- 
ments in  piece  rates  and  bonus  systems,  a  particularly 
unfavorable  picture  of  the  wage  situation  is  presented. 

♦The  United  States  Bureau  of  Labor  Statistics  gives  the  Increase  In  retail 
food  prices  in  May,  1919,  as  91.0  per  cent  over  the  same  month  in  1913,  and  an 
increase  in  all  items  of  family  expenditures  in  Boston  from  July,  1914,  to  July, 
1919,  of  75  per  cent.     (Page  19.) 


377 
(3)     Nominal  Rates  Are  Greater  Than  Actual  Earnings. 

It  is  a  truism  that  nominal  rates,  i.  e.,  the  rates  of  pay, 
are  greater  than  actual  earnings,  i.  e.,  the  real  income.- 
Earnings  are  decreased  by  factors  over  which  the  worker 
has  no  control;  inefficient  organization  and  consequent 
waiting  for  work,  factories  running  short  time,  and  sea- 
sonal irregularity.  Earnings  are  also  decreased  by  sick- 
ness, necessary  vacations,  and  by  voluntary  absenteeism. 

Minimum  wage  legislation  does  not  pretend  to  eradi- 
cate the  factors  making  for  irregularity  of  employment, 
though  in  part  it  tends  to  curb  them,  but  the  uncertainty 
of  steady  work  only  emphasizes  the  need  of  a  living  wage, 
at  least  while  working. 

(a)     Due  to  Lack  of  Steady  Employment  or  Irregular 

Attendance. 

Wages  of  Women  and  Minors  in  the  Mercantile  Industry 
in  The  District  of  Columbia,  Monthly  Labor  Re- 
view, United  States  Bureau  of  Labor,  June, 
1919, 

It  will  be  noticed  that  the  classification  in  the  tables 
of  this  article  shows  the  rates  as  even  dollars.  The  in- 
vestigation revealed  that  almost  without  exception  the 
weekly  rates  paid  in  mercantile  establishments  of  the 
District  are  in  round  numbers.  Only  53  women,  or  a 
little  over  1  per  cent  of  the  4,609  women,  received  rates 
involving  fractions  of  a  dollar.     (Page  191.) 

At  the  outset  the  fact  should  be  emphasized  that  these 
rates  of  pay  did  not  measure  actual  earnings.  Earnings 
averaged  well  below  full-time  rates.  Some  indication  of 
this  disparity  may  be  found  in  the  data,  shown  in  Table 
1,  secured  from  four  department  stores  employing*  1,483 
women.     Figures  of  actual  earnings   (exclusive  of  bo- 


378 


nuses)  were  secured  for  the  week  for  which  pay  rolls 
were  obtained.  While  figures  of  earnings  for  one  week 
are  manifestly  of  less  value  than  those  extending  over  a 
longer  period,  they  may  be  taken  as  indicative  of  a  gen- 
eral trend.  In  the  weeks  for  which  pay  rolls  were  se- 
cured health  conditions  in  the  District  were  normal,  and 
since  the  figures  for  the  four  stores  were  totaled  any  in- 
dividual abnormalities  would  not  greatly  affect  the  gen- 
eral results.    (Pages  191-192.) 

Table  1. — Cumulative  Number  and  Per  Cent  of  Woman 
Employees  in  Pour  Department  Stores  Having 
Each  Rate  and  Actually  Earning  Each  Amount  or 
Under  Per  Week  Daring  One  Week  of  February 
or  March,  1919. 

Women  employees  Women  employees 

having  each  actually  earning  each 
weekly  rate  weekly  amount 

Cumulative  Cumulative 

Weekly  rate  of  wages  Number      Per  cent.  Number      Per  cent. 

$8  and  under 191  12.9  342  23.1 

$9  and  under 283  19.1  428  28.9 

$10  and  under 527  35.5  640  43.2 

$11   and  under 569  38.4  697  47.0 

$12  and  under 925  62.4  996  67.2 

$13  and  under 959  64.7  1,037  69.9 

$14  and  under 1,040  70.1  1,108  74.7 

$15  and  under 1,212  81.7  1,243  83.8 

$16  and  over 271  18.3  240  16.2 

It  may  be  seen  from  this  table  that  the  disparity  be- 
tween rates  and  earnings  was  greatest  in  the  lower  wage 
groups.  That  is  to  say,  the  difference  between  the  num- 
bers of  workers  whose  weekly  rates  and  whose  actual 
earnings  were  $8  and  under  was  greater  than  the  differ- 
ence between  those  with  weekly  rates  and  those  actually 
earning  $12  and  under  or  $15  and  under.  About  13  per 
cent  had  rates  of  $8  and  under,  while  a  little  over  23  per 
cent  actually  earned  that  amount;  62.4  per  cent  had  rates 
of,  while  67.2  per  cent  earned,  $12  and  under;  81.7  per 
cent  had  rates  of,  while  83.8  per  cent  actually  earned,  $15 


379 

and  under.  The  number  of  women  who  earned  $8  and 
under  in  excess  of  those  so  rated  was  151.  While  the  low 
earnings  of  some  of  these  women  was  due  to  the  fact  that 
they  were  regularly  employed  as  part-time  workers,  the 
greater  number  earned  less  than  their  wage  rate  because 
of  absenteeism.  Insufficient  records  as  to  reasons  for  ab- 
sence made  it  impossible  to  come  to  any  conclusions  con- 
cerning the  causes  of  this  irregular  attendance.  How- 
ever, in  so  far  as  it  was  due  to  illness  and  incapacity 
caused  by  malnutrition  and  inadequate  shelter  and  cloth- 
ing, an  adequate  living  wage  would  tend  toward  greater 
regularity  and  efficiency.     (Page  192.) 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  21.  November,  1919.  Second  Report  on  the 
Wages  of  Women  i/n  Corset  Factories  in  Massa- 
chusetts. 

Pay-roU  records  for  women  employees  were  secured 
from  ten  factories,  [which]  employ  approximately  nine- 
tenths  of  the  women  engaged  in  the  industry  in  this 
State. 

The  time  covered  by  the  wage  records  is  the  four- 
month  period  from  January  through  April,  1919.  These 
are,  under  ordinary  conditions,  months  of  normal  pro- 
duction in  the  industry.     (Pages  5-6.) 


380 

Average  weekly  hours  of  labor  of  1,078  women  employed 
in  7  corset  factories  in  Massachusetts:  by  estab- 
lishments (cumulative) 

(Based  on  pay-roll  records  for  the  period  January 
through  April,  1919) 


Establishments 

Less 

than 

30 

Hours 

Less 

than 

34 

Hours 

Less 
than 

38 
Hours 

Less 

than 

42 

Hours 

Less 

than 

46 

Hours 

Less 

than 

50 

Hours 

Less 

than 

54 

Hours 

54 

Hours 
and 
Over 

Xo.  1— 
Number 

11 
1.6 

9 
5.4 

5 
3.7 

2 
13.3 

3 
3.7 

1 
50.0 

25 
3.7 

39 
23.4 

8 
6.0 

3 
20.0 

7 
8.5 

.... 

1 
50.0 

79 
11.8 

64 
38.3 

19 
14.2 

3 
20.0 

15 
18.3 

1 
50.0 

158 
23.2 

104 
62.3 

35 
26.1 

3 
20.0 

29 
35.4 

2 
33.3 

1 
50.0 

326 
48.5 

156 
93.4 

61 
45.5 

6 
40.0 

63 
76.8 

2 
33.3 

1 
50.0 

540 
80.4 

166 
99.4 

97 

72.4 

6 
40.0 

82 
100.0 

6 
100.0 

1 
50.0 

670 
99.7 

167 
100.0 

134 
100.0 

15 

100.0 

82 
100.0 

6 
100.0 

50.0 

2 

Percent 

3 

No.2— 

Number..     . 

Percent 

No.  8— 
Number 

Percent 

No.e- 
Number 

Percent 

No.7- 
Number 

Percent 

No.»- 
Numb« 

Percent 

No.  10— 
Number 

1 

Percent 

50  0 

Total- 
Number «^ 

Percent T 

31 

2.9 

83 
7.7 

181 
16.8 

330 
30.6 

615 
57.1 

898 
83.3 

T, 

3 
3 

(Page  32) 


During  the  past  year,  1919,  there  has  been  practically 
no  dull  season  in  the  manufacture  of  corsets.  Judging 
from  present  conditions,  the  prospect  for  the  future  is 
greater  regularity  of  employment.     (Pages  7-8.) 

A  situation  which  still  exists,  however,  and  which  ex- 
ists in  practically  every  industry  where  the  piece  rate  sys- 
tem^  prevails,  a  situation  in  its  effect  on  the  workers 
similar  to  the  slack  season,  is  that  due  to  periods  when 
the  operatives  are  kept  waiting  for  work,  not  from  lack 
of  orders,  but  from  various  conditions  in  the  individual 
establishments,  such  as  the  method  of  routing  work,  the 


381 

repairing  of  machines,  or  delay  in  securing  supplies. 
The  result  in  the  course  of  the  year  frequently  means  a 
considerable  loss  in  earnings  to  the  workers  employed  by 
the  piece,  and  is  one  of  the  principal  causes  of  dissatis- 
faction with  the  piece  rate  system.    (Page  8.) 

For  the  majority  of  the  women  and  girls  employed  in 
the  industry,  the  investigation  indicates  a  low  level  of 
earnings.  Of  the  entire  number  for  whom  wage  data 
were  available,  1,361  (67.0  per  cent)  have  actual  earnings 
that  average  less  than  $12  a  week.  Of  the  adult  workers, 
those  18  years  of  age  and  over,  62.1  per  cent  earn  less 
than  $12  a  week;  while  of  those  with  one  or  more  years' 
experience  in  the  industry,  57.5  per  cent  earn  less  than 
this  amount.  Nearly  one-half  (48.2  per  cent)  of  the 
women  averaging  46  hours  or  more  a  week,  approximate- 
ly full-time  workers,  receive  less  than  $12;  and  39.9  per 
cent,  even  under  the  most  favorable  conditions  of  regular 
employment  and  freedom  from  interruption,  would  earn 
less  than  $12  a  week  for  full-time  employment.  (Page 
19.) 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  15.  December,  1917.  Wages  of  Women  in 
Shirt,  Workingmen's  Garment  and  Furnishing 
Goods  Factories. 


Difference  between  nominal  rates   and  actual  earnings 
(men's  neckwear) 


Per  cent,  of  Workers  Receiving  (Cumulative) 

Under 
$4 

Under 
$5 

Under 
$6 

Under 
$7 

Under 
$8 

Under 
$9 

$9  and 
over 

Average  weekly  earnings  . 

7.2 

21.4 
2.8 

35.9 
15.5 

52.5 
36.6 

66.3 
53.5 

75.4 
69.0 

24  6 

Weekly  rates 

31  0 

(Compiled) 


(Page  54) 


382 

Massachusetts  Minimum  Wage  Commission.  Bulletin 
No,  13.  December,  1916.  Wages  of  Women  in 
Men's  Clothing  and  Raincoat  Factories  in  Mas- 
sachusetts. 

Table  1. — ^Weekly  Earnings — By  Occupations 


Per  Cent,  of  Women  Earning 

Occupations 

Under 
$3 

$3  and 
Under  $4 

$4  and 
Under  $5 

$5  and 
Under  $6 

$6  and 
Under  $7 

$7  and 
Under  $8 

$8  and 
Under  $9 

$9  and 
over 

4.7 
9.6 
.7 
1.6 
1.1 

7.2 
11.5 
3.4 
3.3 

'2A 
8.2 

16.8 

20.1 

6.9 

15.4 

3.2 

4.4 

11.9 

10.5 

26.4 
17.7 
19.9 
15.4 

3.2 
18.8 

9.5 
25.6 

21.8 
16.7 
20.5 
16.3 
9.6 
20.3 
31.0 
20.9 

15.4 
12.9 
21.2 
17.1 
11.7 
20.3 
23.8 
12.8 

4.9 

5.3 
11.6 

8.1 
15.9 
14.5 
11.9 

8.1 

2.8 

Pants  and  vest  finishing 

6.2 
15.8 

Machine  operating 

22.8 

55.3 

21.7 

Button  sewing 

9.5 

11.6 

Total  number 

43 

3.8 

67 
9.7 

152 
23.1 

223 
42.8 

218 
62.1 

181 
78.1 

93 
86.3 

155 

Cumulative  per  cent 

13.7 

(Page  28) 


Table  2. — ^Weekly  Rates — By  Occupations 


Per  cent,  of  Women  with  Weekly  Rates  of 

- 

Occupations 

Under 
$3 

$3  and 
Under  $4 

$4  and 
Under  $5 

$5  and 
Under  $6 

$6  and 
Under  $7 

$7  and 
Under  $8 

$8  and 
Under  $9 

$9  and 
over 

4.8 
1.9 

'i;6 

9.6 
5.7 
2.1 
2.1 

11.0 
20.7 
5.1 
9.3 
5.9 

12:5 
9.7 

24.9 
11.3 
16.5 
16.5 
11.8 
23.3 
6.2 
16.1 

22.0 
18.9 
32.0 
21.6 
11.7 
11.7 
18.8 
24.2 

19.1 
22.6 
23.7 
23.7 
5.9 
20.0 
21.9 
19.4 

8.6 

Pants  and  vest  finishing 

Basting 

18.9 
20.6 

Machine  operating 

25.8 

64.7 

Busheling    

45.0 

40.6 

Miscellaneous 

24.2 

Total  number 

12 
1.9 

31 
6.9 

59 
16.3 

118 
35.1 

138 
67.1 

130 

77.8 

139 

Cumulative  per  cent 

22.2 

NOTE — Of  the  1,132  workers  whose  records  were  studied,  data  concerning  rates  were  not  available  for 
885,  a  majority  of  whom  were  pieceworkers. 

(Compiled)  (Page  30) 


383 

U.  S.  Department  of  Labor.  Women's  Bureau.  Bulletin 
of  the  Women's  BureoM,  No.  10.  Hours  and  Con- 
ditions of  Work  for  Women  in  Industry  in  Vir- 
ginia.   March,  1920. 

Several  women  who  worked  as  weavers  in  a  silk  mill 
reported  a  situation  with  regard  to  wages  which  was 
particularly  difficult  for  them.  It  is  usually  the  custom 
in  mills  to  pay  the  weaver  a  weekly  wage,  based  on  the 
average  amount  of  her  earnings,  when  because  of  poor 
warp,  stoppage  of  machinery,  or  other  causes  she  has  not 
been  able  to  complete  a  ^'cut,''  for  which  she  is  usually 
paid  by  the  yard.  This  system  guarantees  a  regular  in- 
come, a  very  important  matter  when  a  w^oman  has  not 
only  her  own  expenses  to  meet  but  often  those  of  her 
children  or  younger  brothers  and  sisters.  Three  women 
reported  that  they  were  paid  for  only  the  completed  cut. 
Thus  sometimes,  when  they  had  had  bad  luck  with  their 
machine  or  when  the  warp  had  been  particularly  poor, 
they  got  no  wage  at  lall,  and  often  received  as  little  as 
$2.50  or  $3.50  a  week.  As  the  causes  for  not  getting  out 
the  work  were  entirely  beyond  the  control  of  the  weaver 
herself,  it  would  seem  to  be  a  great  injustice  to  penalize 
her  in  this  manner.     (Page  28.) 


384 

(b)     Due  to  Seasonal  Fluctuations  of  Employment. 

U.  S.  Department  of  Labor.  Bulletin  of  Women  in  In- 
dustry Service  No.  4.  Wages  of  Candy  Makers  in 
Philadelphia  in  1919. 

Earnings  in  dull  season. — It  should  be  emphasized, 
moreover,  that  the  entire  discussion  so  far  has  centered 
about  the  earnings  in  a  normal  week.  It  is  characteristic 
of  the  candy  industry  that  the  same  level  of  employment 
is  not  maintained  throughout  the  year.  In  slack  seasons, 
workers  may  be  dismissed  or  employed  on  part  time. 
This  prospect  of  no  employment  or  work  at  greatly  re- 
duced pay  is  constantly  hanging  over  the  workers.  (Page 
29.) 

Table  15. — Median  earnings  of  woman  workers  employed 
in  10  identical  candy  factories  for  one  weekly  pay- 
roll period  in  1918  (dull  season)  and  in  1919  (nor- 
mal season). 


Establishment  No. 

1918 
(dull  season) 

1919 
(normal  season) 

V      - 

$4.06 

$9.81 

VIL 

5.55 

7.41 

TX    

10.38 

9.73 

X 

1.78 

9.07 

XL.  _ „ „„ 

5.10 

8.90 

XII . 

4.13 

8.90 

XIII :-.. 

8.41 

10.18 

XVII „ 

8.75 

10.50 

XVIII 

10.25 

9.50 

XX „ 

17.50 

15.50 

Total  ^ $5.62  $9.60 

The  median  earnings  for  a  week  in  July  or  August, 
1918,  were  $5.62,  as  compared  with  $9.60  for  the  same 
factories  in  January.  The  proportion  of  women  receiv- 
ing $13  and  more  is  17  per  cent  in  the  normal  season  in 
January  and  but  4  per  cent  in  the  dull  season. 

Irregularity  of  Employment. — Not  only  are  the  earn- 
ings almost  split  in  half  in  the  dull  season  but  little  more 


385 


than  half  as  many  women  are  employed  as  in  the  busy 
season. 

If  we  compare  a  woman's  chance  of  steady  employ- 
ment in  the  candy  trade  with  a  man's,  we  find  that  in  11 
plants  nearly  1  of  every  two  women,  or  45.5  per  cent, 
lose  their  positions  in  the  summer,  while  only  3.3  per  cent 
or  one  out  of  30  of  the  men  are  turned  off.  The  woman 
workers  who  are  kept  show  a  drop  in  earnings  of  41.5 
per  cent  and  the  men  40.2  per  cent.  In  spite  of  this  prac^ 
tically  equal  decrease  in  earnings,  wages  of  the  men  in 
the  dull  season  have  a  median  of  $10.96,  contrasted  with 
$5.62  for  the  girls.    (Page  30.) 

Table  17. — Maximum,  minimum  and  average  of  number 
of  wage  earners  employed  and  of  amount  of  wages 
paid  during  one  weekly  pay-roll  period  in  1918. 


Maximum 
for  1  Week 

Minimum 
for  1  Week 

Average 
for  1  Week 

Per  cent. 
Maximum 

is  of 
Average 

Per  cent. 
Minimum 

is  of 
Average 

Number  of  wage  earners 

$38,368.63 

1,503 
$14,286.46 

2,031 
124,606.70 

127.6 
155.9 

76  4 

Amount  of  wages  paid 

58.1 

(Page  31) 

If  the  laverage  number  on  the  pay-roll  and  the  average 
amount  paid  in  wages  be  regarded  as  100  per  cent,  it  is 
found  that  the  maximum  pay-roll  is  156  and  the  minimum 
58,  while  the  number  of  employees  fluctuates  from  128 
to  75. 

It  is  impossible  with  any  degree  of  accuracy  to  trans- 
late this  variation  in  employment  into  terms  of  actual 
income  of  the  workers,  but  it  is  obvious  that  their  earn- 
ings are  affected  seriously  by  this  irregularity  in  the  in- 
dustry. Those  who  are  laid  off  in  dull  season  may  lose 
three  or  four  months  in  the  course  of  a  year,  thereby 
reducing  their  yearly  income  by  a  fourth  or  a  third.  Or, 
as  already  indicated,  if  they  are  not  out  of  work  they  are 
employed  only  for  part  time  with  earnings  reduced  ac- 
cordingly. Although  the  median  earnings  in  a  busy 
season  are  a  little  more  than  $10  a  week,  it  is  certain  that 
the  median  yearly  income  is  not  as  much  <as  $520.     It 


386 

would  be  liberal  to  estimate  that  $450  is  the  income  below 
which  half  the  workers  fall.     (Page  32.) 

The  pay-rolls  for  January  or  February  showed  that 
in  that  season,  which  is  intermediate  before  the  peak  of 
the  spring  trade  is  reached,  of  1,237  workers  for  whom 
the  data  were  secured,  363  worked  the  full  week  scheduled 
in  the  factory,  562  worked  fewer  than  the  regular  hours, 
and  312  worked  overtime.  The  median  earnings  for  full- 
time  workers  were  $10.77  as  compared  with  $8.37  for  the 
part-time  workers,  and  $12.47  for  those  who  worked  over- 
time.    (Page  33.) 

Thus  it  is  clear  that  irregular  employment  is  an  im- 
portant cause  of  low  earnings  in  the  candy  industry. 
That  it  is  not  the  only  cause  is  shown  by  the  fact  that  in 
the  columns  representing  a  schedule  of  hours  of  48  to 
54,  and  54  to  57,  wages  of  $7,  $8,  and  $9  are  recordod 
and  the  whole  group  of  these  girls  earning  less  than  $14 
a  week  or  even  less  than  $12  is  considerable.  Never- 
theless it  seems  evident  that  if  efforts  were  made  to 
regularize  employment  the  income  of  candy  makers  as  a 
group  would  be  increased.  Without  such  an  effort  the 
most  serious  problems  of  the  trade  will  remain  unsettled. 
(Page  34.) 


Massachusetts  Minimvmi  Wage  Commission.  Bulletin 
No.  20.  May,  1919.  Report  on  the  Wages  of 
Women  in  the  Millinery  Indiislfy  m  Massachu- 
setts. 

Straw  Hat  Factories. 

Total  Earnings  and  Months  of  Employment. — ^Annual 
earnings  for  both  groups  of  workers  were  surprisingly 
low.  Nearly  one-half  of  the  machine  operators  earned 
less  than  $200  in  the  year,  and  almost  one-fourth  less  than 
$100.  The  showing  for  hand  finishers  is  still  more  im- 
favorable.  Two-thirds  received  less  than  $200  for  the 
year,  and  nearly  one-half  less  than  $100.  The  relatively 
higher  earnings  of  the  miscellaneous  group  is  due  in  part 
to  the  inclusion,  as  noted  before,  of  women  whose  occu- 
pations are  not  only  responsible  but  more  or  less  per- 
manent.   Of  the  total  number  in  the  three  groups,  only 


387 

one-sixth  earned  $400  or  over  for  the  year.  Doubtless 
many  of  the  women  voluntarily  abandon  the  work  after 
a  few  weeks.  It  is,  however,  in  the  fact  of  involuntary 
unemployment  due  to  the  seasonal  character  of  the  occu- 
pation that  part  of  the  explanation  is  to  be  found. 

Fluctuation  of  employment  in  hat  factories  as  related 
to  occupations  and  establishments  is  shown  in  Tables  6a 
and  7a.  Less  than  one-third  of  the  machine  operators 
had  work  for  six  months  in  the  year,  and  only  one-tenth 
for  nine  months.  Employment  of  finishers  was  somewhat 
steadier.  About  three-fourths  of  the  miscellaneous  group 
worked  six  months  in  the  year.  Of  the  women  in  the 
three  groups,  only  1.3  per  cent  had  employment  for  the 
entire  twelve-month  period.     (Pages  21-22.) 

Flower  and  Feather  Shops, 

Fluctuation  of  Employment. — Fluctuation  of  employ- 
ment in  the  flower  and  feather-making  industry  is  modi- 
fied by  the  partial  union  of  these  two  processes  in  Massa- 
chusetts shops.  Were  artificial  flower-making  alone  con- 
sidered, more  pronounced  variation  would  be  shown,  since 
this  is  a  wholly  dependent  industry  with  its  conditions 
determined  by  those  in  other  branches  of  the  millinery 
trades.  The  chart  on  fluctuation  shows  that  the  month 
of  maximum  production  in  flower-making  is  November; 
the  dullest  season  is  late  July,  when  employment  drops 
abruptly  and  not  more  than  10  or  12  per  cent  of  the  nor- 
mal force  is  employed.  The  busiest  month  for  feather- 
making  is  September,  the  quietest,  December.  In  the 
Boston  shops  the  period  of  high  activity  is  to  a  certain 
extent  accompanied  by  home  work  on  the  part  of  some  of 
the  wage  earners.    (Page  23.) 

Wholesale  Millinery  Establishments. 

Fluctuation  of  Employment. — ^Of  the  four  branches  of 
the  millinery  industry,  the  wholesale  trade  shows  by  com- 
parison the  least  variation  in  the  numbers  employed  in 
different  seasons.  (Diagram.)  There  is,  however,  consid- 
erable difference  in  the  steadiness  of  employment  of  the 
various  groups  of  workers.  None  of  the  hand  finishers, 
trimmers,  or  apprentices,  and  few  of  the  makers,  worked 


388 

more  than  nine  months  in  the  year.  (Table  6h.)  There 
is  also  marked  variation  in  this  respect  between  the  dif- 
ferent establishments.  In  only  4  out  of  the  10  investi- 
gated had  any  one  worked  the  full  twelve  months.  Of  the 
total  number  of  women  for  whom  records  were  available, 
only  2.0  per  cent  were  employed  the  entire  year ;  less  than 
one-fifth  were  employed  nine  months ;  and  less  than  one- 
third  for  six  months.     (Pages  25-26.) 

Retail  Millinery  Establishments, 

Total  Earnings  and  Months  of  Employment  for  the 
Year. — The  total  earnings  of  one-third  (33.0  per  cent)  of 
all  the  women  workers  in  the  establishments  investigated 
were  under  $100,  while  less  than  one-fifth  (18.5  per  cent) 
earned  as  much  as  $450  for  the  year.  The  highest  yearly 
incomes  were  received  by  the  trimmers,  a  fact  due  not 
only  to  the  high  wage  paid  to  women  in  this  occupation, 
but  to  the  relatively  steady  employment  it  affords.  Over 
one-half  (55.7  per  cent)  of  the  trimmers  were  employed 
for  at  least  ten  months  of  the  year,  while  only  one-fifth 
(20.8  per  cent)  of  the  makers  and  3.9  per  cent  of  the  ap- 
prentices worked  for  that  length  of  time.  (Table  6c.) 
Length  of  employment  varies  greatly  from  one  establish- 
ment to  another,  as  shown  in  Table  7d.  In  the  majority 
of  cases  the  period  of  employment  did  not  represent  con- 
secutive months  of  work.  Each  busy  season  was  followed 
by  intervals  of  unemployment  escaped  by  few.  Of  the 
entire  group  of  workers  considered,  one-third  (33.0  per 
cent)  had  employment  for  nine  months  in  the  year,  a 
somewhat  larger  proportion  than  that  found  in  hat  fac- 
tories or  wholesale  millinery  establishments.     (Page  27.) 

Owing  to  the  seasonal  conditions  prevailing  in  all 
branches  of  the  industry,  comparatively  few  of  the 
women,  even  in  the  higher  wage  classes,  had  total  earn- 
ings for  the  year  that  would  represent  a  living  wage  when 
distributed  over  fifty-two  weeks.  Trimmers  in  the  cus- 
tom shops  had  the  longest  period  of  employment  and  the 
highest  annual  earnings  of  any  group.  In  spite  of  the 
short  working  period  for  the  majority,  very  few  reported 
a  secondary  occupation  during  the  slack  season.  Irregu- 
larity of  employment  is  a  characteristic  of  the  millinery 
trades.    The  least  variation,  however,  in  the  number  of 


389 


workers  employed  during  the  different  months  of  the 
year  was  found  in  the  wholesale  establishments,  while  the 
most  prounounced  fluctuation  was  shown  by  the  flower 
and  feather  shops.     (Pages  29-30.) 

Table  6. — Fluctuation  of  employment,  by  occupations, 
(a)     Straw  Hats  (among  938  Workers) 


Per  cent,  of  Workers  Employed  for  Specified  Number  of  Months 

Occupations 

12 

U 

10 

9 

8 

7 

6 

5 

4 

3 

2 

1 

Machine  operators 

Hand  finishers 

Miscellaneous 

.8 
1.6 
4.8 

3.6 
9.3 

12.7 

6.3 
15.6 
33.3 

10.0 
20.6 
44.4 

13.4 
23.7 
57.1 

19.9 
29.6 
69.8 

28.8 
33.1 
76.2 

39.8 
38.5 
84.1 

58.4 
51.4 
88.9 

69.1 
64.6 
98.4 

77.8 
79.0 
98.4 

100 
100 
100 

Total 

1.3 

5.8 

10.7 

15.2 

19.2 

25.9 

33.2 

42.4 

58.6 

69.8 

79.5 

100 

(b) 

Wholesale  millinery  (among  393  Workers) 

Machine  operators 
Hand  finishers 

1.9 

11.6 

17.1 

21.8 

22.7 

28.2 

32.9 

40.3 

49.5 

63,9 

75.5 

100 

4.0 

8.0 

16.0 

16.0 

24.0 

28.0 

36.0 

44.0 

100 

Trimmers 

16.7 

16.7 

33.3 

33.3 

33.3 

33.3 

66.7 

66.7 

100 

Makers 

.9 

4.5 

9.8 

17.0 

21.4 

24.1 

27.7 

35.7 

53.6 

72.3 

100 

-Apprentices 

9.1 

9.1 

9.1 

9.1 

18.2 

18.2 

38.4 

54.5 

100 

Miscellaneous 

17.4 

39.1 

47.8 

47.8 

52.2 

52.2 

60.9 

65.2 

78.3 

82.6 

91.3 

100 

Total 

2.0 

8.9 

13.5 

18.3 

21.4 

26.5 

30.3 

36.4 

44.8 

59.5 

72.8 

100 

(Page  48) 

c)     Retail  millinery  (among  351  Workers) 


Per  cent,  of  Workers  Employed  for  Specified  Number  of  Months 

Occupations 

12 

11 

10 

9 

8 

7 

6 

5 

4 

3 

2 

1 

Trimmers 

Makers 

Apprentices 

Miscellaneous 

3.3 

'5;4 

27.9 

5.4 
2.0 
16.2 

55.7 

20.8 

3.9 

32.4 

60.7 

30.7 

3.9 

40.5 

67.2 

35.6 

3.9 

45.9 

67.2 

39.1 

5.9 

54.1 

68.9 
47.5 

7.8 
56.8 

70.5 
53.5 

7.8 
56.8 

73.8 
03. 4 
11.8 
59.5 

86.9 

73.8 
21.6 
67.6 

93.4 

88.1 
78.4 
78.4 

100 
100 
100 
100 

Total 

1.1 

10.0 

25.6 

33.0 

37.6 

40.7 

46.4 

50.1 

58.4 

67.8 

83.8 

100 

(Page  49) 


Table  7  (b). — Fluctuation  of  employment. 
Flower  and  feather  factories  (among  182  workers) 


Total. 


32.4     34.6     37.4     41.2     43.4     47.8     54.9      64.8     74.2      100 


(Page  50) 


390 

Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  19.  March,  1919.  Wages  of  Women  Employed 
in  banning  and  Preserving  Establishments  in 
Massachusetts. 

From  the  data  secured  it  appears  that  at  the  time  of 
the  investigation  nearly  nine-tenths  of  the  women  and 
girls  employed  in  canning  and  preserving  establishments 
were  receiving  less  than  $9  a  week,  and  over  two-thirds 
were  receiving  less  than  $8  a  week.  Results  of  the  inves- 
tigation show  fairly  long  hours  in  the  industry, — for  the 
majority  of  establishments,  running  hours  of  fifty  to  fifty- 
four  a  week.  The  seasonal  problem  is  a  serious  one,  well 
marked  in  each  branch  of  the  industry.  Only  one-tenth 
of  the  women  in  all  the  establishments  had  employment 
throughout  the  year,  and  only  two-fifths  had  employment 
for  half  the  year.     (Page  20.) 

To  what  extent  the  situation  created  by  varying  sea- 
sonal demands  is  accentuated  by  voluntary  shifting  on 
the  part  of  the  workers  it  is  not  possible  to  say.  Inas- 
much as  the  labor  turnover  is  particularly  high  in  un- 
skilled and  poorly  paid  occupations,  this  is  probably  a 
factor  in  determining  the  result.    (Page  16.) 

In  both  types  of  factories  rates  for  the  majority  of 
workers  were  below  the  standard  of  living;  59.3  per  cent 
of  the  womnen  employed  in  fish  canning  establishments, 
and  71.4  per  cent  of  those  in  the  other  establishments, 
were  scheduled  to  receive  less  than  $9  a  week.  Only  51 
had  total  annual  earnuigs  of  as  much  as  $450,  or  the 
equivalent  of  $9  a  week  throughout  the  year.     (Page  20.) 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  13.  December,  1916.  Wages  of  Women  in 
Men's  Clothing  and  Raincoat  Factories  in 
Massachusetts. 

Four  hundred  and  thirty-two,  or  almost  two-fifths  of 
the  total  number  [1,132  workers  covered  in  the  inves- 
tigation] received  less  than  $100  in  the  course  of  the 
year,  and  only  94,  or  less  than  one-tenth,  received  as 


391 

much  as  $400  or  the  equivalent  of  $8  a  week  throughout 
the  year.  It  is  not  possible  to  state  how  much  of  the 
difference  between  the  average  weekly  wage  and  the  total 
annual  earnings  is  due  to  illness  or  unemployment,  ^nd 
how  much  to  employment  in  other  establishments  or  in- 
dustries. Undoubtedly  many  of  the  workers,  especially 
of  those  earning  $200  or  less,  had  some  supplementary 
employment  in  the  course  of  the  fifty- two- week  period, 
while  others  were  young  persons  entering  the  trade  for 
the  first  time  or  leaving  it  to  get  married  during  the  year. 
One  of  the  most  important  causes  for  low  annual  earnings 
in  this  industry  is,  however,  without  question,  involun- 
tary unemployment  resulting  from  a  reduction  of  the 
working  force  during  the  slack  seasons.     (Page  23.) 


392 

(4)     The  Bulk  of  Wage-earning  Women  Must  Support 

Themselves. 

In  all  minimum  wage  legislation  the  living  wage  for 
women  is  based  on  the  needs  of  a  single  woman. 

Practically,  statistics  show  that  in  the  industries  and 
occupations  with  which  minimum  wage  legislation  is  con- 
cerned, the  bulk  of  the  girls  living  at  home,  work  to  sup- 
port themselves,  not  for  extra  spending  money. 

Theoretically,  the  minimum  wage  is  the  sum  necessary 
to  support  the  average  woman.  Opponents  claim  that  be- 
cause a  number  of  girls  are  living  at  home  the  minimum 
should  be  lower  than  the  cost  of  living  for  an  independent 
woman.  In  any  calculation,  however,  the  girls  at  home 
are  offset  by  those  who  are  supporting  aged  parents  or 
other  dependents. 

Third  Biennal  Report  of  the  Arkansas  Bureau  of  Labor 
and  Statistics.    1917-1918. 

Need  of  Applying  Minimum  Wage  ^ndi  Maximum  Hour 
Law  to  All  Female  Workers. 

The  demand  for  the  Minimum  Wage  and  Maximum 
Hour  Law  is  an  expression  of  awakened  social  conscience 
of  the  people  of  Arkansas.  Thinking  men  and  women 
are  everywhere  realizing  the  individual  and  social  men- 
ace of  the  low  wage  and  demanding  that  it  be  made  pos- 
sible for  able-bodied,  willing  women  to  earn  their  living 
by  their  day's  work. 

The  right  to  earn  la  living  and  the  right  to  live  are 
indistinguishable  terms.  We  are  told  the  wages  of  the 
women  need  not  be  adequate  for  their  support,  as  many 
of  the  girls  and  women  live  at  home.  When  this  fact  is 
given  by  the  employer,  he  admits  he  is  not  paying  a 
living  wage,  as  the  brother  or  father  has  to  supply  what 
he  refuses  to  pay. 

Another  reason  advanced  for  the  low  wage  is  that 


393 

the  women  or  g-irls  have  no  one  dependent  upon  them. 
Of  all  the  hundreds  of  female  workers  we  have  inter- 
viewed in  four  years,  we  have  not  found  one  who  is_not 
either  dependent  upon  her  own  support  or  has  others  to 
support,  ofttimes  aged  parents,  invalid  relatives  or  chil- 
dren whom  a  father  has  deserted.  What  can  $3.00,  $5.00 
or  $7.50  a  week  procure  for  such  a  worker? 

These  women,  potential  mothers  of  another  genera- 
tion, each  one  as  a  result  of  low  wages  'and  long  hours, 
represent  a  lowered  vitality  and  constant  trend  toward 
degeneracy. 

The  most  costly  production  of  any  nation  is  not  its 
valuable  minerals,  nor  the  out-put  of  its  cotton  or  hogs, 
but  its  boys  and  girls.  Therefore,  it  is  time  for  Ar- 
kansas to  give  every  protection  to  the  female  workers, 
that  they  may  receive  a  living  wage  to  make  possible 
decent  nutrition,  decent  clothing,  decent  living  conditions 
and  have  time  and  strength  for  education  and  develop- 
ment of  all  the  fine  powers  hidden  and  held  within  them. 
(Pages  15-16.) 


Second  Biermial  Report,    California  Industrial  Welfare 
Commission.    1915-1916. 

One  of  the  questions  formerly  debated  but  fortunate- 
ly now  nearly  obsolete,  is  whether  women  work  because 
of  necessity  or  because  of  a  desire  for  independence. 
Economists  and  students  of  the  industrial  problem  recog- 
nize that  as  men's  earnings  are  depressed  by  small 
wages,  higher  cost  of  living  and  periods  of  unemploy- 
ment, just  so  surely  are  women  and  children  forced  into 
industrial  life  to  supplement  the  inadequate  family  wage. 

This  table  shows  that  of  4810  women  studied  by  the 
California  Eetail  Dry  Groods  Association — 

1109  or  23.06  per  cent  lived  at  home  and  were  not  de- 
pendent on  their  earnings  for  support; 

1819  or  37.81  per  cent  lived  at  home  and  contributed  to 
the  family  support ; 


394 

1330  or  27.65  per  cent  were  self-dependent  entirely,  and 

552  or  11.48  per  cent  were  self-dependent  with  others 

dependent  upon  them,  or  a  total  of  3710*  or 

77.13*  per  cent  of  these  women  worked  because 

of  necessity.    (Page  48.) 


First  Biennial  Report  of  the  Kansas  Industrial  Welfare 
Commission.     1915-1917, 

Living  conditions  of  full  time  workers. 
Degree  of  dependency  on  earnings. 

Laundries.  Retail  Stores. 

Living  at  home  Number     Percent      Number      Percent 

Partly  supported  by  family  58  20.8  183  21.7 

Self  supporting  only  43  15.4  271  32.1 

Support  themselves  and  as- 
sist family  166  59.7  288  34.1 

Living  away  from  home 

Receiving  assistance  from' 
family  0  0.0        11  1.3 

Self  supporting  only 8  2.8        87        10.3 

Support  themselves  and  as- 
sist family  3  1.0  3  .3 


278      100.0      843      100.0 
(Computed.)     (Pages  19,  30  and  31.) 

Not  only  the  girl's  time  is  given  to  the  employer,  but 
in  many  instances  the  father  or  brothers  must  also  con- 
tribute to  the  welfare  of  the  employer.  Inasmuch  as  he 
is  unwilling  to  pay  a  living  wage,  the  father  or  brothers 
suffer  loss  in  the  exact  proportion  of  his  gain.  And  yet 
on  this  same  basis,  women  are  having  to  support  families, 
having  to  house  and  feed  themselves  and  families  with 
what  one  girl  alone  can  not  live  on.  They  don't  live; 
they  hardly  have  enough  to  sustain  life.     (Page  24.) 

A  girPs  father  or  brother  should  not  be  expected  to 

♦Mistake  in  calculation.     Should  read  "3701  or  76.94  per  cent." 


395 


contribute  to  the  support  of  the  business  in  which  his 
daughter  is  employed — and  the  girl  '^at  home"  should 
not  be  compelled  to  lower  the  wages  of  the  girl  *^not  at 
home."     (Page  35.)  --— 


Massachusetts  Minimum  Wage  Commission.  Bulletin 
No.  21.  November,  1919.  Second  Report  on  the 
Wages  of  Women  in  Corset  Factories  in  Massa^ 
chusetts. 

As  is  generally  the  case  in  industries  of  this  type,  the 
great  majority  of  the  workers,  approximately  nine-tenths 
of  those  reporting  on  their  living  arrangements,  live  at 
home ;  that  is,  with  their  immediate  family  or  with  rela- 
tives. The  number  of  young  girls  and  middle-aged 
women,  the  rather  large  proportion  of  married  women, 
in  part  explains  this  situation.  That  living  at  home  does 
not  give  the  workers  freedom  from  financial  responsibil- 
ity is  indicated  by  the  statement  of  433  women,  approx- 
imately two-thirds  of  these  giving  this  information,  that 
they  are  entirely  dependent  upon  themselves  for  support, 
and  the  further  statement  from  393  women  that  they 
contribute  to  the  support  of  others.     (Page  18.) 

Average  weekly  earnings,  by — 
(a)  Dependency;  (b)  by  contribution  to  support  of  others 


Under 
$8 

$8  and 
under  $13 

$13  and 

under  $15 

$15  and 

over 

Total 

(a)  Self  Support- 
Self  Supporting 

49 
79 

239 
87 

66 
17 

79 
12 

433 

195 

Total 

128 

70 
55 

326 

192 
119 

83 

63 
25 

91 

68 
18 

628 

(b)  Support  of  Others- 
Contributing  to  support  of  others 

Not  contributing  to  support  of  others. . . 

393 

217 

Total                  

125 

311 

88 

86 

610 

(Computed) 

(Page 

36) 

396 

Mctssachusetts  Minunum  Wage  Commission.  Bulletin 
No.  19.  March,  1919.  Wages  of  Women  Employed 
in  Canning  and  Preserving  Establishments  in 
Massachusetts, 

Information  as  to  dependence  on  earnings  was  secured 
from  111  women,  44  of  whom  were  employed  in  fish- 
handling  plants,  and  67  in  pickling  and  preserving  es- 
-tablishments.  Although  they  represent  only  slightly 
more  than  one-sixth  of  those  for  whom  wage  records 
were  used,  they  include  a  considerable  proportion  of  the 
regular  working  force  of  both  types  of  establishments, 
inasmuch  as  all  appear  on  the  pay-rolls  for  ten  months 
or  over.  Illness  or  vacation  are  the  only  reasons  given 
for  the  few  weeks  of  unemployment  that  show  on  some 
of  the  records.  None  of  the  women  report  any  supple- 
mentary occupation.  The  majority  are  full-time,  or  ap- 
proximately full-time,  workers. 

Of  these  111  women,  2  failed  to  specify  whether  they 
were  self-supporting,  and  6  did  not  state  whether  they 
contributed  to  the  support  of  others.  Out  of  the  109 
women  who  answered  the  first  question,  80,  or  nearly 
three-fourths,  reported  that  they  were  entirely  depen- 
dent upon  their  earnings;  and  29,  that  they  were  not 
entirely  dependent;  63,  or  three-fifths,  of  the  105  women 
who  answered  the  second  question  were  contributing  to 
the  support'of  others.  While  some  of  these  were  young 
girls  who  turned  their  earnings  into  the  family  purse, 
others  were  married  women  or  widows  with  small  chil- 
dren to  support.     (Pages  19-20.) 

The  data  regarding  age  of  workers  would  indicate 
that  the  majority  are  mature  or  middle-aged  women.  Of 
161  women  for  whom  such  information  was  secured,  only 
29  are  less  than  twenty-one  years  of  age.  More  than 
one-half  'are  thirty  years  of  age  or  over.  The  third 
largest  age  group  is  that  composed  of  women  from  fifty 
to  sixty.     (Page  18.) 


397 

Washington  Industrial  Welfare  Commission,  Bulletin 
No.  2.  Survey  of  Manufacturing  Industry.  April 
10,  1920. 

There  were  586  single  women;  271  married  women; 
131  widows,  and  3  who  did  not  report.  Of  the  131  widows 
45  were  supporting  1  child;  19  were  supporting  2  chil- 
dren ;  9  were  supporting  3  children ;  1  was  supporting  4 
children,  and  1  was  supporting  5  children.  Sixty-six  of 
the  single  women  were  aiding  in  the  support  of  their  pa- 
rents ;  7  were  assisting  younger  brothers,  and  6  assisting 
sisters.  Two  married  women  were  the  entire  support  of 
invalid  husbands  and  the  other  married  women  were  con- 
tributing to  the  family  budget.  One  grandmother  was 
supporting  2  grandchildren,  and  1  widow  was  supporting 
a  nephew. 


Second  Biennial  Report.     Washington  Industrial  Wel- 
fare Commission.    1915-1916. 

Summary  showing  number  of  females  (in  the  mer- 
cantile industry)  entirely  and  partly  self-supporting,  in- 
cluding all  minors^  apprentices  and  adults. 

No.  wholly  self-supporting 1,855 

No.  partly  self-supporting 903 

(Page  137.) 


Tiventy -eighth  Annual  Report  of  the  Maryland  Staie 
Board  of  Labor  and  Statistics.    1919. 

Women  ^s  weekly  wages  and  percentage  with  dependents. 


Number 
Investi- 
gated 

Average 
Wages 

Percent 
Without 
Depen- 
dents 

Percent  With  Dependents 

Industries 

1 

2 

3 

4  or  more 

Department  stores 

1,228 
722 
107 

$14.14 
15.43 
15. 

66.0 
53.3 
61.7 

23 
34 
26 

8. 

8.7 

9.3 

2 
3 
1.8 

1 

Umbrella-parasol  factories          .   .   . 

0  9 

(Compiled.)     (Pages    138-9.) 


398 

Women  in  Industry  in  Minnesota  in  1918.  Field  Investi- 
gation Carried  on  by  Women  in  Industry  Commit- 
tee, Council  of  National  Defence  and  Minnesota 
Bureau  of  Women  and  Children.    1920. 

A  careful  analysis  of  the  data  presented  in  the  pres- 
ent report  warrants  the  following  conclusions : 

2.  Out  of  a  total  of  51,361  women  wage  earners,  28,683 
or  55.8  per  cent  contribute  out  of  their  earnings  towards 
the  support  of  some  one  or  more  persons  in  their  family 
and  this  is  true  particularly  of  deserted,  widowed,  mar- 
ried and  divorced  women,  as  indicated  in  the  tables. 
(Page  35.) 

Not 
Contributing      Contributing 
To  Support         To  Support 
Weekly  Wage  Of  Others  Of  Others  Total 

Under  $10  22,011  19,260  41,271 

$10-14  4,417  2,009  6,426 

15-19  1,432  722  2,154 

20-25  475  246  721 

25  and  over 137  46  183 

Not  given  211  395  606 

Total  28.683        22,678      51,361 

(Page  9.) 

3.  There^were  7,206  children  of  less  than  working  age 
dependent  upon  the  earnings  of  the  3,779  mothers  em- 
ployed who  were  included  in  this  study  of  the  child  popu- 
lation of  a  city  of  25,000  people.    (Page  35.) 


U.  S.  Department  of  Labor.  Bulletin  of  the  Woman  in 
Industry  Service  No.  4.  Wages  of  Candy  Makers 
in  Philadelphia  in  1919. 

To  the  worker  the  important  fact  about  earnings  is 
the  standard  of  living  which  they  make  possible.  This 
is  to  be  measured  not  merely  in  terms  of  the  buying 
power  of  the  dollar  but  also  in  relation  to  the  responsi- 
bility of  the  workers  for  the  support  of  others  besides 
themselves.    (Page  23.) 


399 

Of  the  8Q0  women  for  wliom  information  as  to  living 
conditions  was  obtained  through  the  personal  records, 
688  lived  at  home  and  112,  or  14  per  cent,  were  boarding. 
Of  the  women  living  at  home  60.9  per  cent  earned  Jess 
than  $12  in  the  week  for  which  the  wage  statistics  were 
secured  and  39.1  per  cent  earned  $12  or  more.  The  pro- 
portions for  the  women  who  were  boarding  were  almost 
identical.  Of  these,  59.8  per  cent  received  less  than  $12 
and  40.2  per  cent  received  $12  or  more.  Apparently, 
therefore,  the  earnings  are  not  affected  by  the  fact  that 
a  girl  is  living  alone  away  from  her  family,  nor  are  they 
affected  by  the  supposed  support  which  family  life  gives 
to  women  workers. 

Certain  essentials  a  wage  earner  must  have  whether 
she  boards  or  lives  at  home.  She  must  have  shelter,  food, 
clothing,  car  fare,  and  a  surplus  for  health  and  amuse- 
ments. If  she  boards  her  expenses  are  more  easily  es- 
timated, as  a  fixed  sum  can  be  ascertained  for  the  cost  of 
living,  including  heat  and  light,  and  food  and  shelter. 
When  a  worker  lives  at  home  she  either  gives  all  her 
wages  to  her  family  or  pays  a  part  with  no  knowledge 
as  to  whether  it  covers  her  actual  share  of  the  family 
budget  or  not.  It  is  certain  that  both  the  girl  who  boards 
and  the  girl  who  lives  at  home  are  subject  to  the  same 
increases  in  the  cost  of  living.    (Page  24.) 

In  considering  the  amount  that  the  girl  living  at  home 
contributes  to  the  family  budget,  it  is  not  merely  the 
problem  of  the  one  who  pays  board  to  her  family  and 
assists  besides  with  personal  services  that  must  be  con- 
sidered, but  the  much  more  common  case  of  the  girl  who 
tries  to  support  others  besides  herself  on  her  eamino's. 
In  a  Government  investigation  of  the  living  expenses 
of  1,760  working  girls  in  New  York  State  in  1918  it  was 
found  that  4  out  of  every  5  helped  to  support  others  be- 
sides themselves. 

^Ithousrh  no  statistical  study  of  the  cost  of  living  or 
the  home  responsibilities  of  girls  was  made  in  this  in- 
vestigation in  Philadelphia,  it  was  evident  that  the  girls 
who  were  visited  at  home  were  responsible  in  no  small 
degree  for  the  family  support.     (Page  25.) 


400 

Province  of  Nova  Scotia,  Report  of  Commission  on  the 
Hours  of  Labour,  Wages  and  Working  Conditions 
of  Women  Employed  in  Industrial  Occupations. 
1920. 

One  of  the  most  striking  facts  brought  out  in  evi- 
dence was  the  large  number  of  girls  who  were  living  at 
home  and  working  in  factories,  paying  no  board  or  only 
about  half  the  usual  cost.  This  is  one  of  the  most  im- 
portant factors  affecting  the  wages  of  women  in  indus- 
try. These  girls,  who  in  many  cases  depend  on  their 
parents  for  a  living  (in  part  or  in  whole),  work  for  wages 
that  provide  them  with  little  more  than  spending  money. 
The  result  of  this  is  that  many  employers,  especially  in 
the  small  industries,  make  use  of  this  labour  which  keeps 
do^vn  wages.  One  girl  testified  that  she  has  worked  for 
many  years  at  a  very  low  wage  and  did  not  dare  to  de- 
mand more  because  her  employer  could  replace  her  by  a 
girl  who  lived  at  home.     (Page  15.) 

Many  girls  who  must  support  themselves  and  a  num- 
ber of  widows  supporting  children  are  thus  forced  to  ac- 
cept less  wages  than  are  sufficient  to  properly  maintain 
them.     (Page  16.) 


401 

2.     The  Cost  of  Living. 

The  conception  of  a  '* living  wage''  is  growing  from 
indefiniteness  to  a  scientific  standard  that  can  be  defined 
and  measured  as  to  the  cost  of  maintenance  of  a  healthy 
worker. 

Wage  boards  consider  the  data  on  the  cost  of  living  in 
the  light  of  their  experience.  The  minimum  arrived  at 
differs  with  the  different  groups  of  employers,  employees 
and  representatives  of  the  public,  adjusted  to  the  facts 
and  circumstances  of  each  specific  industrial  situation 
dealt  with  by  the  various  wage  boards. 

(1)    The  Standard  by  Which  a  Living  Wage  Should  be 

Determined. 

Report  of  a  Court  of  Inquiry  Concerning  Transport 
Workers  Wages  and  Conditions  of  Employment  of 
Dock  Labour.  Loed  Shaw,  Chairman.  Cmd,  55. 
1920.    Great  Britain. 

10.  The  true  and  substantial  case  presented  by  the 
dockers  was  based  upon  a  broad  appeal  for  a  better 
standard  of  living.  What  is  a  better  standard  of  living! 
By  this  is  not  meant  a  right  to  have  merely  a  subsistence 
allowance  in  the  sense  of  keeping  the  soul  and  body  of 
the  worker  together,  but  a  right  to  have  life  ordered 
upon  a  higher  standard,  with  full  regard  to  those  com- 
forts and  decencies  which  are  promotive  of  better  habits, 
which  give  a  chance  for  the  development  of  a  greater 
sense  of  self-respect,  and  which  betoken  a  higher  regard 
for  the  place  occupied  by  those  workers  in  the  scheme  of 
citizenship.  The  Court  did  not  discourage  this  view ;  on 
the  contrary,  it  approved  of  it,  and  it  is  fair  to  the  Port 
Authorities  and  employers  to  say  that  its  soundness  was 
not  questioned.  In  the  opinion  of  the"  Court  the  time  has 
gone  past  for  assessing  the  value  of  human  labour  at 
the  poverty  line.    (Pages  6-7.) 


402 

Report  of  the  War  Cabmet  Committee  on  Women  in 
Industry.    Great  Britain.    Cmd.  135,  London,  1919. 

Eecommendations  as  to  principles  which  should  govern 
future  Employment  and  Wages  of  Women. 

(18)  That  in  order  to  secure  and  maintain  physical 
health  and  efficiency  no  normal  woman  should  be  em- 
ployed for  less  than  a  reasonable  subsistence  wage. 

(19)  That  this  wage  should  be  sufficient  to  provide  a 
single  woman  over  18  years  of  age  in  a  typical  district 
where  the  cost  of  living  is  low  with  an  adequate  dietary, 
with  lodging  to  include  fuel  and  light  in  a  respectable 
house  not  more  than  half  an  hour^s  journey,  including 
tram  or  train,  from  the  place  of  work,  with  clothing  suf- 
ficient for  warmth,  cleanliness  and  decent  appearance, 
with  money  for  fares,  insurance  and  Trade  Union  sub- 
scriptions, and  with  a  reasonable  sum  for  holidays, 
amusements,  etc.    (Page  6.) 


House,  of  Representatives,  Sixty-fifth  Congress,  Second 
Session.  Hearings  before  the  Suhcominittee  of  the 
Committee  on  the  District  of  Columbia  on  H.  R. 
10367.  Providing  for  the  Establishment  of  a  Mini- 
mmn  Wage  Scale  in  the  District  of  Columbia  for 
Women  and  Children.    April  16, 1918. 

Statement  of  Eev.  Dr.  John  A.  Eyan,  of  the  Catholic  Uni- 
versity. 

As  to  the  other  point,  that  it  is  really  possible  to 
determine  what  we  mean  when  talking  of  a  decent  wage, 
I  mention  that  because  a  great  many  persons  are  under 
the  impression  that  when  we  are  discussing  decent  wages 
as  against  low  wages  we  are  talking  about  something 
that  cannot  be  based  on  concrete  facts ;  that  we  are  get- 
ting into  a  subject  where  the  cost  of  living  of  various  per- 
sons varies  so  much  that  the  individual  factor  is  the  im- 
portant one,  and  they  say  that  if  many  of  the  workers 


403 

would  try  as  hard  as  some  particular  ones  we  know, 
everyone  could  do  just  as  well  as  the  particular  ones  who 
are  now  making  both  ends  meet.  The  fallacy  of  that 
statement  is  that  it  assumes  that  the  majority  of  persons 
can  do  what  a  few  exceptional  persons  can  do.  We  all 
know  girls  who  can  live  decently  on  $7  a  week,  but  they 
are  exceptional  and  extraordinary  persons ;  they  use  ex- 
traordinary devices  to  make  a  wage  do  what  perhaps  a 
wage  of  $2  more  would  be  necessary  to  enable  the  aver- 
age person  to  live  on.  In  other  words,  we  cannot  judge 
the  average  person  of  the  majority  by  the  exceptions. 
The  experience  of  every  group  of  persons  who  have  gone 
into  this  question  of  the  cost  of  living,  the  minimum 
decent  cost  of  living  of  working  girls  through  this  coun- 
try, in  a  dozen  or  more  cities,  has  pointed  to  the  conclu- 
sion that,  considering  the  complexity  of  the  situation,  it  is 
surprisingly  definite,  and  that  experience  showed  that  be- 
fore 1914  a  decent  wage  for  the  female  worker  could  not 
be  less  than  $9  a  week;  that  it  was  probably  somewhere 
between  $9  and  $10  a  week.  I  submit  that  that  is  a  some- 
what definite  result  in  the  face  of  the  complex  situation 
we  have  to  deal  with,  to  be  arrived  at  by  groups  in  dif- 
ferent parts  of  the  country.     (Pages  32-33.) 

So  it  is  quite  possible  to  determine  what  we  mean  by 
decent  living  wages ;  and  when  this  bill  becomes  a  law,  as 
we  hope  it  will,  it  will  be  quite  possible  and,  in  fact,  rela- 
tively simple  for  the  commission  that  has  the  matter  in 
charge  to  determine  what  the  cost  of  decent  living  for  a 
working  girl  is  in  the  District  of  Columbia.  The  thing 
has  been  done  so  often  elsewhere  that  the  task  will  be 
comparatively  simple  here. 

Just  a  word  with  regard  to  my  own  experience  in  that 
connection.  In  1914  in  Minnesota  I  was  a  member  of  one 
of  the  advisory  boards  which  had  the  task  of  determin- 
ing the  decent  minimum  wage  for  females  working  in 
mercantile  establishments  of  the  Twin  Cities,  and  I  was 
also  chairman  of  a  subcommittee  that  had  charge  of  the 
particular  item  of  board  and  lodging.  All  of  the  mem- 
bers of  the  committee  who  were  employers  gave  us  all 
that  **old  stuff,'*  to  use  a  bit  of  parlance  of  the  day,  about 


404 

the  impossibility  of  detemiining  what  was  the  proper  cost 
of  living ;  that  there  was  so  much  difference  in  different 
girls,  etc. ;  but  when  we  got  down  to  the  actual  investiga- 
tion and  brought  in  facts  as  to  the  number  of  places  in 
the  two  cities  where  a  girl  could  board  and  how  much 
she  would  have  to  pay  in  the  different  classes  of  board- 
ing houses,  and  how  much  she  would  have  to  pay  in  the 
different  classes  of  restaurants,  eating  places,  they  had 
to  admit  that,  after  all,  we  were  dealing  with  something 
rather  definite,  and  they  had  to  agree,  for  example,  to 
the  proposition  that  $4.85  a  week  was  the  smallest  sum 
that  could  be  allowed  for  board  and  lodging  in  1914  in  the 
Twin  Cities.  In  the  same  way  the  members  of  the  sub- 
committee that  had  to  do  with  clothing,  and  the  other 
one  that  had  to  do  with  incidental  expenses — all  the  other 
expenses  except  clothing  and  board  and  lodging — after 
some  investigation  and  discussion,  found  that  it  was  pos- 
sible to  state  the  lowest  sum  that  any  decent  person  would 
want  to  admit  that  a  girl  should  be  compelled  to  live  on 
in  the  Twin  Cities ;  and  so  these  three  subcommittees  all 
agreed  as  to  the  three  separate  estimates.    (Page  33.) 

A  curious  thing  then  happened.  When  we  had  a  meet- 
ing of  the  general  committee  to  determine  what  would 
be  the  total  cost  of  living  allowed  for  all  the  various  items, 
we  began  to  submit  the  report  of  the  subcommittee  on 
board  and  lodging,  which  had  agreed  on  $4.85  a  week  as 
the  sum  for  that  item,  and  the  whole  committee  accepted 
that.  Immediately  the  employer  members  of  the  board 
saw  that  this  thing  was  becoming  a  simple  problem  in 
addition,  and  that  if  we  took  up  all  the  other  items  and 
the  whole  committee  adopted  them  as  the  subcommittees, 
including  the  employer  members,  had  already  adopted 
them,  the  addition  would  come  to  about  $9  a  week.  So 
they  immediately  made  a  motion  that  without  consider- 
ing further  the  reports  of  the  subcommittees  the  wage 
should  be  fixed  at  $7.50  a  week.  That  was  voted  down, 
however.  I  mention  this  to  show  that  when  we  get  back 
to  the  concrete  issues  and  circumstances  we  can  determine 
what  we  mean  pretty  definitely  by  a  living  wage.  (Pages 
33-34.) 


405 

Measurement  of  the  Cost  of  Living  and  Wages.  William 
F.  Ogbukn.  The  Annals  of  the  American  Academy 
of  Political  and  Social  Science^  January,  1919. 

The  items  of  a  budget  should  be  average  items.  Thus 
in  a  particular  community  the  men  in  some  families  will 
ride  on  the  street  car  twice  a  day  for  every  work  day  in 
a  month.  Men  in  other  families  will  not  ride  to  and  from 
work  at  all.  So  an  average  budget  for  such  a  community 
might  put  dowTi  expenditures  of  the  man  for  car  fare 
for  thirty  car  rides  a  month,  although  no  man  in  any 
family  would  ride  exactly  this  number  of  times  a  month, 
no  more  and  no  less.  It  is  rather  an  average  of  expen- 
diture of  those  who  ride  to  work  and  those  who  do  not. 
Similarly,  the  number  of  suits  of  clothes  bought  per  year 
might  be  expressed  in  fractions.  Items  of  expenditure 
are  therefore  generalized.  It  follows  from  the  above 
analysis  that  items  of  expenditure  should  not  be  set  at 
the  lowest  possible  figure  for  an  individual  but  for  the 
group  as  a  whole.  Thus  some  men  may  need  only  2,500 
calories  a  day  while  some  will  need  6,000  calories,  the 
average  for  a  man  at  moderately  hard  work  being  prob- 
ably 3,500. 

Another  conception  necessary  for  a  clear  understand- 
ing of  setting  wages  by  constructed  budgets  is  that  budget 
estimates  must  not  be  ideal.  It  cannot  be  assumed,  for 
instance,  that  a  housewife  has  the  expert  training  of  a 
domestic  science  expert.  Nor  should  budgets  be  con- 
structed without  an  allowance  for  tobacco,  when  we  know 
that  it  will  be  impossible  practically  for  a  community  to 
live  according  to  such  ideal  rules  of  expenditure.  On 
the  other  hand  it  seems  questionable  whether  such  con- 
structed budgets  should  conform  absolutely  to  practice. 
The  expenditure  in  actual  practice  will  be  a  function  of 
the  income  received  and  as  the  income  is  what  we  want 
to  determine,  there  is  danger  of  getting  in  a  circle.  For 
instance,  families  of  a  group  of  workmen  may  spend  only 
$18  a  year  for  sickness ;  whereas  they  should  spend  more, 
as  we  know  from  data  gathered  in  sickness  surveys  that 
they  need  to  get  more  medical  attention  than  $18  will 


406 

buy.  Budget  estimates,  however,  should  conform  fairly 
closely  to  practice.     (Page  8-9.) 

Formerly  budget  estimates  included  chiefly  food, 
rent,  fuel  and  light,  and  clothing;  other  items  were  neg- 
lected to  a  great  extent.  Food,  shelter  and  warmth  were 
thought  of  as  the  minimum  of  subsistence.  We  now  know 
that  food,  shelter  and  warmth  are  not  the  only  necessary 
needs.  And  so  considerable  attention  is  being  paid  to 
other  items  of  expenditure  in  budget  making.  For  in- 
stance, if  we  find  a  large  number  of  families  who  do  not 
get  enough  food  and  who  do  not  get  medical  attention 
when  sick,  yet  frequently  attend  moving  picture  shows, 
the  proper  conclusion  would  seem  to  be  that  recreation 
is  a  necessary  need  as  truly  as  food,  and  we  know  that 
in  American  life  recreation  costs  some  money.  Hence 
expenditures  for  recreation  should  be  written  into  a  mini- 
mum-of-subsistence  budget.  And  so  it  is  with  sundry 
items. 

To  some  persons  not  familiar  with  budgetary  studies, 
the  determination  of  the  level  of  subsistence  seems  a  mat- 
ter of  opinion  rather  than  of  science.  But  there  are  many 
scientific  approaches  to  the  problem  and  various  ways 
of  eliminating  the  personal  bias.  This  method  cannot 
be  gone  into  at  length  here  but  some  of  the  devices  used 
for  locating  the  point  of  subsistence  may  be  set  forth 
briefly. 

The  food  "requirement  can  be  found  by  subjecting  to 
food  analysis  a  number  of  actual  dietaries.  The  cost  of 
that  dietary  actually  used  which  furnishes  the  requisite 
number  of  calories,  grams  of  protein  and  the  necessary 
chemical  constituents  will  be  set  as  the  minimum  amount 
of  expenditure  for  food  for  subsistence.  The  amount 
for  rent  can  be  estimated  by  selecting'  a  standard  house 
of,  say,  four  or  five  rooms  with  bath  and  finding  the  aver- 
age rental  for  various  localities  in  the  community.  Or 
if  a  number  of  budgets  have  been  collected,  the  minimum 
rent  may  be  determined  at  a  point  where  overcrowding 
ceases  to  exist,  having  determined  some  standard  for 
overcrowding  as,  for  instance,  one  or  one  and  one-half 
persons  to  a  room.    Perhaps  a  fair  method  of  determin- 


407 

ing  the  fuel  and  light  necessary  is  to  compute  for  various 
types  of  heating  apparatus  in  houses  of  a  certain  size  the 
amount  of  fuel  and  light  used  by  families  that  are  known 
to  be  just  above  the  poverty  level  but  clearly  so.  __T]ie 
minimum  of  subsistence  in  clothing  is  perhaps  most  dif- 
ficult to  determine.  The  usual  procedure  is  to  adopt  a 
certain  estimate  of  clothing  upon  which  there  has  been  a 
fair  amount  of  agreement,  such  as  one  overcoat  every 
three  years,  one  hat  a  year,  one  cap  a  year,  one  suit  of 
clothes  a  year  and  so  on.  At  this  time  of  changing  prices 
it  is  difficult  to  express  these  units  in  price  terms  which 
will  show  agreement.  If  a  number  of  family  schedules 
have  been  collected,  it  is  difficult  to  express  these  units 
in  price  terms  which  will  show  agreement.  If  a  number 
of  family  schedules  have  been  collected,  it  is  possible  to 
locate  a  point  where  the  expenditure  of  clothes  for  the 
wife  is  say  75  per  cent  of  the  expenditure  for  the  cloth- 
ing of  the  husband,  or  some  such  point  agreed  upon.  It 
is  known  for  instance  that  when  the  clothing  allowance 
is  too  low,  the  expenditure  for  the  wife 's  clothing  is  only 
a  small  percentage  of  the  expenditure  for  the  husband's 
clothing,  and  that  when  the  allowance  for  clothes  is  boun- 
tiful that  the  expenditure  on  the  wife's  clothing  equals 
or  exceeds  that  for  the  husband.  There  is  no  general 
rule  for  determining  the  amount  necessary  for  sundry 
expenditures.  .  .  .  The  amount  of  sickness  can  be  esti- 
mated from  a  study  of  the  average  number  of  days  of 
sickness  a  year.  There  are  also  various  ways  of  getting 
expert  testimony  on  the  amount  of  insurance  necessary. 
And  so  one  can  set  a  minimum  standard  throughout  the 
items  of  the  budget.     (Pages  9-10.) 

Considering  the  budget  as  a  whole,  there  are  various 
guide  posts  that  readily  tell  when  the  poverty  line  is 
passed.  Usually,  gifts  of  clothing  are  indicative  of  pov- 
erty. .  .  .  The  point  also  at  which  the  family  ceased 
to  be  in  debt  is  significant.  .  .  .  Usually  all  these 
various  tests  converge  upon  a  particular  income  and  this 
is  spoken  of  as  the  minimum-of-subsistence  standard. 
(Page  10.) 

It  is  very  difficult  to  estimate  differences  m  cost  of 


408 

liviug-  between  two  places  without  making  full  budgetary 
studies.  The  same  articles  of  food  would  cost  on  the 
average  about  the  same  in  the  two  places ;  but  a  dietary 
yielding  just  as  many  calories  in  New  Orleans  as  a  differ- 
ent dietary  would  yield  in  Philadelphia  apparently  will 
cost  considerably  less.  Similarly  so  simple  a  differential 
to  measure  as  rents  may  be  nevertheless  difficult  to  deter- 
mine, the  type  and  size  of  house  in  New  Orleans  being 
quite  different  from  that  in  Philadelphia.  There  are 
climatic  differences  which  affect  standards  in  consump- 
tion of  fuel.  Also  common  brands  of  clothing  between 
the  two  places  are  very  few.     (Page  12.) 

At  the  present  time  there  arfe  considerable  differences 
in  levels  of  wages  in  different  parts  of  the  country.  Some 
observers  justify  these  local  or  territorial  differences 
by  saying  that  the  cost  of  living  is  quite  different  in  these 
areas.  Others  on  the  other  hand  reply  that  the  dif- 
ferences in  the  cost  of  living  in  the  various  areas  are 
different  because  wages  determine  the  cost  of  living  and 
that  a  uniformity  in  wages  would  bring  a  uniformity  in 
living  costs.  They  say  that  the  identical  standard  of 
living  prices  in  the  various  territorial  districts  would  be 
very  nearly  the  same  in  cost  in  all  localities.  In  general 
[the]  findings  [of  the  Eailroad  Wage  Commission  and 
the  Shipbuilding  Labor  Adjustment  Commission]  have 
been  that  the -differences  in  the  cost  of  living  in  various 
parts  of  the  country  are  not  so  great  as  are  popularly 
supposed.     (Pages  12-13.) 

In  a  period  of  laissez-faire  conditions,  supply  and  de- 
mand operate  particularly  strongly.  But  with  the  de- 
velopment of  social  control  and  the  growth  of  social 
justice,  the  standard  of  living  plays  a  large  part  in  the 
determination  of  wages.  For  the  gains  of  democracy, 
whether  it  be  political  or  economic  in  the  last  analysis, 
certainly  come  down  to  one  important  base,  the  standard 
of  living.    (Page  13.) 


409 
(2)    The  Living  Wage  for  a  Single  Woman. 

District  of  Columbia.  Minimum  Wage  Board.  The  Cost 
of  Living  of  Wage-Earning  Women  in  the  District 
of  Columbia.    Bulletin  No.  1.    January  29, 1919. 

The  Board  is  of  the  opinion  that  the  essentials  of  de- 
cent living  are  {a)  respectahle  lodgings,  {h)  tnree  meals 
a  day,  (c)  suitable  clothing,  {d)  some  provision  for  recre- 
ation, self-improvement  and  care  of  health.  To  deter- 
mine the  cost  of  these  minimum  requirements  was  the 
aim  of  the  following  study. 

Board  and  Eoom. 

In  1916  the  United  iStates  Bureau  of  Labor  Statistics 
came  to  the  conclusion,  after  carefu]  investigation  of  the 
actual  expenditures  of  the  wage  earning  women  in  the 
District,  that  $6  was  the  bare  minimum  upon  which  the 
average  woman  could  obtain  adequate  board  and  lodging 
in  Washington,  and  that  a  somewhat  larger  amount  was 
necessary  to  insure  even  a  reasonable  degree  of  comfort.* 

In  order  to  bring  this  figure  up  to  date,  some  estimate 
of  the  increase  in  the  cost  of  board  and  room  must  be 
adopted.  At  the  request  of  the  Minimum  Wage  Board, 
the  Bureau  of  Labor  Statistics  secured  a  number  of 
schedules  showing  the  cost  of  board  and  room  in  De- 
cember, 1918,  as  compared  with  the  cost  in  December, 
1916,  in  certain  working  girls  *  homes^  private  homes,  and 
commercial  boarding  houses.  The  following  table  (No.  1) 
summarizes  the  results  obtained  and  shows  the  percent- 
age of  increase  in  prices. 

•Monthly   Review,  U.  S,  Bureau  of  Labor  Statistics,  Vol.   VI,   No.  3,  Mar., 
1918,  p.  3. 


410 

Table  1. 

The  Cost  of  Boom  ^and  Board  [per  month.]  in  the  District 

of  Columbia  in  December,  1918,  as  Compared 

with  the  Cost  in  December,  1916. 

Working  Girls'  Homes. 

No.  of  Average  price     Percentage    Average  price 

Schedules  Accommodations  in  Dec,  1916       of  increase      in  Dec,  1918 

22     Room  and  three  meals  $15.35        82.4  $28.00 

5    Room  and  three  meals    23.20        40  32.60 

Private  Homes. 

17    Room  and  three  meals  $31.78        19.6  $38.00 

5    Room  and  two  meals       32.67        11.7  36.50 

Commercial  Boarding  Houses. 

33    Room  and  two  meals  $31.49        25.6  $39.55 

5    Room  and  two  meals    38.00        13.2  43.00 

It  will  be  observed  that  most  of  the  homes  provide 
room  and  two  meals  daily  and  that  the  number  of 
schedules  showing  room  and  three  meals  is  so  smiall  that 
the  figures  are  not  of  great  value.  This  is  particularly 
true  in  the  case  of  the  five  schedules  under  private  homes. 
These  women  were  all  living  with  friends  and  a  low  rate 
was  accepted  because  of  their  friendship  or  their  inability 
to  pay  more.  They  were  thus  receiving  better  accommo- 
dations than  their  actual  income  afforded. 

The  percentage  of  increase  in  rates  in  the  working 
girls'  homes — 82.4% — is  most  striking.  Rates  of  $3,  $4 
and  $5  in  1915-16  have  been  superseded  by  rates  of  $6, 
$7  and  $8.  These  homes,  though  run  at  the  lowest  pos- 
sible expense,  are  in  few  cases  entirely  self-supporting. 
Some  receive  donations,  others  have  received  their 
equipment — buildings,  furniture,  etc. — as  gifts.  Conse- 
quently they  are  able  to  charge  lower  rates  than  com- 
mercial boarding  houses,  but  even  these  low  rates  are 
too  high  for  many  of  the  working  girls.  Their  places  are 
being  filled  by  better-paid  government  employees.  In 
one  large  house  which  before  the  war  was  largely  oc- 


411 

cupied  by  saleswomen,  bindery  women,  manicurists,  etc., 
all  but  two  places  are  now  filled  by  war-workers.  The 
same  tendency  is  shown  in  other  working  girls'  homes 
visited.  ~ 

In  the  boarding  houses  and  private  homes  for  which 
schedules  were  obtained,  it  was  found  that  even  at  the 
rates  paid,  accommodations  were  not  up  to  an  acceptable 
standard.  Of  the  50  girls  occupying  the  rooms  investi- 
gated in  boarding  houses,  24,  or  almost  half,  were  sleep- 
ing two  in  a  bed.  Only  10  were  rooming  alone ;  24  were 
living  two^in  a  room,  12  three  in  a  room  and  4  in  one 
room. 

In  the  private  houses  the  situation  was  still  less  de- 
sirable. Here  20  of  the  29  girls  scheduled  were  sleeping 
two  in  a  bed.  Only  6  were  rooming  alone ;  20  were  two 
in  a  room,  and  a  group  of  3  occupied  one  room.  Some 
of  the  rooms  were  poorly  heated,  lighted  and  ventilated. 
In  several  instances  the  girls  had  to  take  care  of  their 
own  rooms,  and  often  no  parlor  or  laundry  privileges 
were  allowed. 

The  government  dormitories,  not  run  for  profit,  and 
not  intended  to  satisfy  other  than  simple  requirements, 
are  charging  a  minimum  of  $45  a  month  for  room  and 
two  meals.  Some  sacrifice  in  comfort  and  health  must 
surely  accompany  the  necessity  of  getting  three  meals 
and  room  for  a  smaller  payment.  Lunches  alone  at  the 
rate  of  20  cents  a  day  would  average  $1.40  a  week  or  $6 
a  month.  This  item  must  be  added  to  the  cost  of  board 
and  room  in  all  cases  where  room  and  two  meals  only  are 
provided. 

The  increase  in  living  expenses  has  admittedly  been 
abnormal  in  the  city  of  Washington,  but  aside  from  the 
extreme  overcrowding  and  quite  aside  from  the  profiteer- 
ing in  rents,  the  increase  in  the  cost  of  food,  the  most 
important  element  entering  into  room  and  board  charges, 
has  been  sufficient  to  warrant  a  considerable  increase  in 
the  charges  made  for  room  and  board  by  commercial 
houses.  The  United  States  Bureau  of  Labor  Statistics 
in  the  comparison  of  prices*  shows  that  food  in  general 

♦Monthly  Labor  Review,  Vol.  VII,  No.  6,  December,  1918,  p.  91. 


412 

was  75%  higher  in  October,  1918,  than  in  the  same  month 
of  1913. 

The  National  Industrial  Conference  Board  in  its  re- 
port on  ^'Wartime  Changes  in  the  Cost  of  Living,^'  con- 
cludes as  follows :  *^No  matter  what  the  base  or  starting 
point  for  comparisons,  changes  in  food  prices  within 
any  given  period  show  on  the  whole  a  marked  advance 
the  country  over.  From  the  evidence  available  it  ap- 
pears that  between  the  spring  of  1914  and  the  spring  of 
1917,  when  the  United  States  entered  the  war,  food  prices 
rose  35%  to  50%  and  have  continued  to  rise  since  that 
time.  Although  it  is  true  that  standards  of  living,  trans- 
portation, accessibility  to  supply  and  other  factors  cause 
some  local  variations,  60%  to  65%  fairly  reflects  the  ad- 
vance in  food  prices  from  the  outbreak  of  the  war  in 
the  summer  of  1914  to  the  middle  of  June,  1918.* 

By  November,  1918,  according  to  the  same  authority, 
there  had  been  a  further  increase  in  prices,  making  the 
total  advance  during  the  war  period  83%.** 

From  a  survey  of  these  data,  $9  per  week,  $39  per 
month,  or  $468  per  year,  seems  to  be  the  minimum  re- 
quirement for  board  and  room  for  a  self-supporting, 
wage-earning  woman  in  the  District  of  Columbia  today. 

Clothing. 

In  determining  the  amount  needed  for  a  working 
woman ^s  clothing,  it  is  necessary  to  settle  upon  a  list  of 
articles  as  a  minimum  yearly  requirement.  The  expe- 
rience and  opinion  of  53  self-supporting  women  in  the 
District  in  1916  form  the  basis  for  the  list  drawn  up  by 
the  Bureau  of  Labor  Statistics.  Allowing  for  individual 
variation  in  prices  and  choice,  the  Bureau  estimated  that 
in  1916  these  essential  commodities  would  cost  from  $116 
to  $158.50.*** 


•Wartime  Changes  In  the  Cost  of  Living,  National  Industrial  Conference 
Board,  Research  Report  Number  9,  August,  1918,  p,  21. 

**Cost  of  Living  Supplement,  Industrial  News  Survey,  Dec.  30,  1918, — Jan. 
6,  1919. 

♦♦♦Monthly  Review,  U.  S.  Bureau  of  Labor  Statistics,  Vol.  6,  No.  2,  Feb., 
1918,  pp.  8-9. 


413 


Table  2. 

Increase  in  the  cost  of  Clothing  of  Working  Women  in  the 
District  of  Columbia  from  December,  1916,  to  De:^ 
cember,  1918. 

(From  the  U.  S.  Bureau  of  Labor  Statistics*  estimate  of  the  yearly  re- 
quirements and  cost  of  clothing  of  working  women,  based  on  the  ex- 
perience and  opinions  of  53  self-supporting  women  in  the  District  in 
1916,  and  on  figures  furnished  by  the  Bureau  concerning  the  percentage 
of  increase,  to  December,  1918.) 


Yearly  Cost 

Yearly  Cost 

Articles  of  Dress 

1916 

%  Increase               1918. 

Outside  Clothes 

Suits  &  Coats  (1  alternate  yrs.) 

$25-$30 

35.94 

$34-40.80 

Shirtwaists— 6  at  $1.00-$1.50 

6-9 

36.9 

8.20-12.30 

Dress  Waist 

5-8 

33.11 

6.65-10.65 

One-piece  Dress 

15 

32.38 

19.85 

Wool  Skirt 

5-10 

43.38 

7.15-14.35 

Summer   Skirts — 2 

3-5 

46.83 

4.40-7.35 

Party  Dress   (1  alt.  yrs.) 

12.50 

26 

15.75 

Other  Clothing 

Hats— 3 

$10-15 

50 

$15-22.50 

Shoes— 3  pr. 

12-17 

37.5 

16.50-23.35 

Gloves — 2  or  3  pr. 

2.50-5 

60 

4-8 

Stockings — 5  to  10  pr. 

3-7 

66.6 

5-11.70 

Corsets— 2 

2-5 

70 

3.40-8.50 

Underwear 

5-10 

100 

10-20 

Miscellaneous 

10 

59.4 

16 

Total 

116-158.50 

165.90-231.10 

Average  Total 

$137.^5 

$198.50 

(Page  5.) 


The  Bureau's  investigators  in  January,  1919,  collect- 
ed data  on  the  present  cost  of  articles  of  the  same  grade 
and  computed  the  percentage  of  increase  since  1916.  Ta- 
ble 2  shows  the  result  of  this  investigation.  In  order  to 
buy  the  same  articles  now,  a  woman  must  pay  from 
$165.90  to  $231.00,  or  an  average  of  $198.50.  Practically 
the  same  result  is  obtained  by  adding  59.4%,  the  average 


414 

increase  in  cost  of  all  articles  of  clothing  as  determined 
by  the  Bureau  of  Labor  Statistics,  to  the  1916  cost.  Tak- 
ing the  1916  cost,  $125,  as  a  base,  the  1919  cost  would  be 
$199.25. 

Increase  in  cost  has  not  been  at  all  uniform,  it  will  be 
noticed.  All  items  advanced  at  least  25%  ;  cotton  goods, 
notably  underwear,  with  an  increase  of  a  full  100%,  show 
the  greatest  advance.  The  National  Industrial  Confer- 
ence Board  in  its  report  on  "Wartime  Changes  in  the 
Cost  of  Living''*  admirably  summarizes  the  tendencies 
in  clothing  prices. 

"  It  is  evident  that  the  price  of  every  article  important 
in  the  clothing  budget  of  the  average  family  increased 
greatly  between  1914  and  1918.  The  price  of  yard  goods 
showed  the  greatest  advance.  Cotton  fabrics  have 
mounted  higher  in  price  than  have  woolens,  and  the 
cheaper  grades  of  all  fabrics  advanced  more  than  the 
finer  and  more  expensive  grades.  Increases  in  the  price 
of  wearing  apparel  seem  to  have  been  greatest  for  work 
clothes  and  for  the  less  expensive  grades.  Hosiery  and 
underwear  advanced  in  price  more  than  outer  garments 
and  furnishings,  with  the  exception  of  shoes  and  gloves. 

"Considering  all  of  these  factors  in  connection  with 
the  price  data  and  trial  budgets  above  presented,  it  ap- 
pears that  a  fair  estimate  of  the  increase  in  the  cost  of 
clothing  for  u  wage-earner's  family  between  July,  1914, 
and  June,  1918,  would  be  70%  to  80%.  As  the  increase 
for  lower  cost  budgets  tends  to  approach  80%  rather 
than  70%,  the  average  increase  has  been  placed  at  77%." 
By  November,  1918,  according  to  the  same  authority, 
there  had  been  a  further  advance  of  16%,  making  a  total 
increase  of  93%  in  the  cost  of  clothing  since  the  outbreak 
of  the  war. 

Sundries. 

The  estimate  for  sundry  items  which  the  Board  pre- 
sents to  the  Conference  was  obtained  from  the  same 
source  as  were  the  other  budget  items,  that  is,  the  figures 

♦Wartime  Changes  in  the  Cost  of  Living,  National  Industrial  Conference 
Board,   Research   Report  No.  9,  August,  1918. 


415 

of  the  United  States  Bureau  of  Labor  Statistics  in  their 
study  of  ^^The  Cost  of  Living  in  the  District  of  Colum- 
bia^' in  1916.*  The  cost  of  the  1916  items  has  been 
brought  up  to  date  so  far  as  possible.  (Table  3.)  T^iis. 
has  been  a  much  more  difficult  task  in  the  case  of  the 
sundry  expenditures  than  in  the  case  of  board  and  room 
and  clothing,  as  it  is  impossible  to  measure  accurately 
the  percentage  of  increase  in  the  cost  of  many  of  the 
items.  For  instance,  it  is  well  known  that  the  cost  of 
laundry  has  increased.  Steam  laundry  rates  for  women's 
clothes  have  risen  33%  since  1916,  but  few  working 
women  can  afford  to  have  their  laundry  done  in  the  large 
commercial  laundries.  Most  of  them  send  their  wash  to 
colored  women.  Before  1916,  50  cents  a  week  was  the 
average  charge  for  washing,  but  now  most  of  these  col- 
ored laundresses  charge  from  75  cents  to  $1.25  for  the 
same  service.  Thus,  58  cents  does  not  represent  an  ade- 
quate allowance  for  laundry  at  the  present  time. 

Many  of  the  other  items,  such  as  contributions  to 
charity,  expenditures  for  fruit  and  candy,  depend  so 
much  on  the  individual  that  only  an  investigation  of  the 
present  expenditures  of  numbers  of  women  would  yield 
reliable  results.  In  the  case  of  such  items,  the  1916  fig- 
ures have  been  left  unchanged. 


♦Monthly  Review  of  the  U.  S.  Bureau  of  Labor  Statistics,  Vol.  6,  No.  3,  Mar., 
1918,  pp.  10-13. 


416 


Table  3. 


Comparison  of  Cost  of  Living  of  Working  Women  in  the 
District  of  Columbia  in  December,  1916,  and  in 
December,  1918. 


Yearly  Cost 

%  Increase 

Yearly  Cost   Weekly  Cost 

Items 

1916 

1916  to  1918 

1918 

1918 

Board  and  Room 

5312 

50% 

! 

$468. 

$9 

Clothing 

125 

59.4 

199.25 

3.83 

Sundries 

Laundry 

30.00 

30.00 

.58 

Sickness 

14.00 

30 

18.20 

.35 

Dentistry 

6.55 

11 

7.25 

.14 

Oculist 

1.99 

76 

3.50 

.07 

Amusements 

7.44 

58  raj 

9.60 

.18 

Vacation 

13.16 

13.16 

.25 

Fruit  and  candy 

5.70 

5.70 

.11 

Insurance 

9.65 

9.65 

.19 

Charity 

1.79 

1.79 

.03 

Religion 

4.54 

4.54 

.09 

Labor  organization 

.30 

.30 

.005 

Other  organizations 

.49 

.49 

.01 

School  tuition 

1.70 

1.70 

.03 

Carfare  (to  and  from 

work) 

10.85 

20 

13.00 

.25 

Carfare  (other) 

7.84 

20 

9.40 

.18 

Books  and  magazines 

2.81 

i6(b) 

3.45 

.07 

Gifts 

14.96 

14.96 

.29 

Other  incidentals 

14.85 

18.45 

.35 

Total  Sundries 

152.22 

8.5 

165.14 

3.175 

TOTAL 

589.22 

41.3 

832.39 

16.005 

Figures  given  for  sundries  are  average  expenditures  of  137  self-sup- 
porting working  women  interviewed  by  U,  S.  Bureau  of  Labor  Statistics 
in  1916. 

(a)  The  58%  increase  is  in  moving  picture  shows,  which  is  counted 
as  half  of  all  amusement  expenditure,  (b).  The  46%  increase  is  in 
newspapers,  counted  as  one-half  the  total. 

The  National  Industrial  Conference  Board  in  Novem- 
ber, 1918,  allowed  a  55%  increase  in  sundries  during  the 
war  period.  It  is  evident  that  the  average  percentage  of 
increase — 8.5% — allowed   by   the    Board   for   all    these 


417 

items,  is  far  below  the  actual  increase.  The  Conference 
will  be  able  to  make  a  more  accurate  estimate  of  the  re- 
quirements of  the  women  concerned  for  these  commodi- 
ties and  services.  — 

Summary. 

On  the  basis  of  the  foregoing  estimates  for  the  va- 
rious items  of  expenditure  which  make  up  the  cost  of 
living — $9  for  board  and  room,  $3.83  for  clothing,  $3.17 
for  sundries — the  total  cost  of  living  of  a  working  woman 
in  the  District  of  Columbia  is  $16  per  week.  (See  Ta- 
ble 3.) 


Second  Annual  Report  of  the  Minimv/m  Wage  Board  of 
the  District  of  Columbia.    December  31, 1919. 

Proceedings  of  the  Conferences. 

In  each  conference  it  was  obvious  from  the  beginning 
of  discussion  that  while  prices  of  individual  items  of  food 
or  clothing  are  facts,  the  cost  of  living  as  a  whole  is  to 
a  considerable  extent  a  matter  of  opinion. 

The  question  of  room  and  board  was  the  first  to  be 
considered  in  each  conference.  At  the  initial  meeting  of 
the  printing  trades  conference  $9  a  week  was  unanimously 
agreed  upon.  After  accepting  this  figure  the  employers 
at  a  later  meeting  submitted  evidence  to  prove  that  a 
large  number  of  the  women  lived  at  home  ajid  that  there- 
fore the  $9  figure  was  unduly  high.  The  representatives 
of  the  public  declared  that  this  evidence  was  not  germane 
to  the  discussion,  since  the  minimum  wage  must  be  high 
enough  to  maintain  a  self-supporting  woman  in  health 
and  comfort.  They  urged  that  $9  per  week,  the  least  sum 
for  which  board  and  room  could  be  obtained  in  a  com- 
mercial boarding  house,  must  be  adopted  as  the  mini- 
mum allowance. 

In  the  mercantile  conference  additional  information 
on  this  subject  was  secured  by  calling  on  Mr.  Edwin  liege, 
manager  of  the  Rooms  Registration  Division  of  the 
United  States  Housing  Corporation.  He  testified  that 
the  lowest-priced  single  rooms  listed  with  them  were 
offered  at  $10  per  month.     Such  rooms  were  small  and 


418 

quite  scarce,  and  furthermore  few  of  the  scanty  supply 
were  available  for  women.  The  lowest  monthly  rate  at 
which  board  (15  meals  per  week)  was  offered  through 
their  office  was  $20.  The  average  price  of  a  single  room 
and  15  meals  per  week,  Mr.  Hege  stated,  appeared  to 
be  about  $35  to  $40  per  month,  and  the  average  price  of 
half  a  room  and  15  meals  per  week  appeared  to  be  about 
$35  per  month.  He  did  not  believe  that  there  would  be  a 
material  decrease  in  the  charges  made  for  room  and  board 
in  the  near  future. 

In  order  to  secure  data  as  to  amounts  actually  paid 
for  rooms  and  board  by  women  in  the  industry,  the  mer- 
chants submitted  cost  of  living  schedules  to  their  em- 
ployees. Tabulation  of  this  information  showed  that  of 
699  women  employed  in  stores  at  $16  or  less  per  week  the 
average  expenditure  for  room  and  board  of  women  living 
away  from  home  was  $7.62 ;  of  women  living  at  home  was 
$6.58.  The  representatives  of  the  employees  submitted 
$10.50  as  the  least  sum  for  which  adequate  room  and 
board  could  be  procured.  The  figure  of  $9.30,  finally 
accepted  by  the  conference  as  the  minimum  allowance  for 
room  and  board  was  thus  a  composite  of  various  estimates 
and  was  not  entirely  satisfactory  to  any  party. 

The  allowance  to  be  made  for  clothing  was  even  more 
difficult  to  determine.  In  each  conference  an  attempt  was 
made  to  estimate  the  separate  items  of  wearing  apparel 
required  annually  by  a  working  woman  before  taking  up 
the  question  of  price.  How  many  shirt  waists,  how  many 
pairs  of  stockings,  etc.,  does  a  woman  who  works  in  a 
printing  shop  or  in  a  store  need  per  year?  Of  course 
that  depends  upon  the  quality  of  the  articles  purchased, 
and  that  in  turn  depends  upon  the  price  paid  for  them. 
In  the  printing  trades  conference  witnesses  were  called 
from  the  leading  stores  to  give  testimony  on  the  cost  of 
clothing.  In  the  mercantile  conference  both  employers 
and  employees  were  to  a  large  extent  experts  on  the  sub- 
ject. Additional  data  were  presented  by  agents  of  the 
Woman's  Bureau  of  the  United  States  Department  of 
Labor  who  were  called  upon  to  collect  prices  on  a  list  of 
articles  of  clothing.  The  followincr  table  gives  a  clear 
picture  of  the  divergence  in  opinion  in  the  mercantile 


419 


conference    between     the    employers'    and    employees' 
gronps  and  a  representative  of  the  public.    (Pages  15-16.) 

Table  II. — A  comparison  of  the  clothing  budgets  present- 
ed by  employees,  employers  and  a  representative  of 
the  public  on  the  Mercantile  Conference. 


Empl 

oyees 

Empl 

oyers 

Judge 

Sellers 

Article 

■^YeT 

Cost 
Per  Year 

No.  per 
Year 

Cost 
per  Year 

No.  per 
Year 

Cost 
per  Year 

Suit                   

6 

1 
1 
1 
2 

1 

2 
4pr. 
3pr. 
9pr. 
2pr. 

^r 

9 
6 

2 
1 

Idoz 
2 

k 

S17.50 

19.75 

12.00 

5.50 

20.00 

10.00 

5  00 

14.75 

10.00 

8.00 

16.00 

31.50 

4.50 

5.49 

4.00 

5.00 

5.00 

4.50 

9.00 

9.00 

3.00 
3.95 

1.80 
2.00 
1.00 
3.00 
1.50 
1.25 
2.25 
2.50 

"i!25 
2.00 

M 
6 

1 

1 

2 

'i 

1 

2 
4pr. 
3pr. 

■2pr.' 

..'"} 

5 
4 

2 
1 

1  doz 

2 

Vi 

h. 



$14.75 
14.75 
10.50 
5.00 
10.00 
7.50 
5.00 
11,25 
7.50 
5.00 
12.00 
24.50 
4.00 
7.68 

■■^^oo 

6.91 

4.00 

3.00 
2.00 

1.80 
2.00 
1.00 
2.00 
1.50 
1.25 

"2:56 

"i:25 
2.00 

6 

1 

2 

"i" 

4pr. 
3pr. 

■2prV 
8 
3 
6 
6 

2 

1 

Idoz. 
2 

1 

Ipr. 

$17  50 

Coat 

19.75 

Waist               

12.00 

Dress  Waist 

5.50 

Wool  Dress    

10.00 

Wool  Skirt              

10  00 

Summer  Skirt 

5.00 

Dress-Up  Dress 

14  75 

Hat       

15.00 

Dress  Hat          

Wash  Dress 

16.00 

Shoes            

31  50 

Gloves                      .     ... 

4  50 

Hose,  Lisle 

5.00 

Hose,  Silk                    

Corsets    

5.00 

Union  S  lits.  Summer 

5.00 

4.50 

Corset  Covers    

6.00 

4.00 

Underskirts— 

White        

3.00 

Dark 

3.95 

ML«celIaneous— 
Handkerchiefs 

1  80 

2.00 

Kimono           

1.00 

Purse       

3.00 

Umbrella    

1.50 

Rubbers 

1.25 

2.25 

Suit  and  Sidrt  Repairing 

2  50 

Shoes       

Neckwear                       

1.25 

Other  Miscellaneous 

2.00 

Total 

$241.90 
$  4.65 

$178.40 
$3.43 

IjCSS — 

$216  50 

8.50 

Per  Week 

$208.00 
$  4.00 

Neither  conference  adopted  an  itemized  clothing  bud- 
get. Only  a  lump-sum  allowance  could  secure  unanimous 
approval.  The  figures  were  $3.35  in  the  printing  and  pub- 
lishing trades  conference  and  $4  in  the  mercantile  con- 
ference. The  higher  allowance  in  the  latter  case  may  be 
attributed  to  a  number  of  factors.    When  the  first  con- 


420 

ference  made  its  report  the  indications  were  that  clothing 
prices  had  reached  the  peak  and  were  beginning  to  fall. 
This  accounts  for  perhaps  50  cents  difference  in  the  two 
budgets.  It  was  further  argued  that  it  took  more  to 
clothe  a  woman  employed  in  the  mercantile  industry  than 
one  employed  in  the  printing  and  publishing  industry.  In 
the  latter  case  aprons  and  old  clothes  could  be  worn  at 
work,  while  in  the  stores  a  vast  majority  of  the  women 
had  to  make  a  proper  appearance  before  the  public. 
These  factors,  together  with  differences  in  personnel  of 
the  two  conferences,  account  for  the  difference  in  the  al- 
lowances for  clothing.     (Page  17.) 

What  items  should  be  included  in  sundries  and  what 
sums  should  be  allowed  for  them  were  questions  discussed 
by  the  conferences.  The  employers  in  the  printing  trades 
conference  wished  to  rule  out  amusements  and  vacations 
as  being  nonessential  items  in  the  cost  of  living.  The 
reply  of  the  employees,  to  which  the  public  agreed,  was 
that  some  aijiusement  and  some  vacation  were  necessary 
to  maintain  a  women  in  health.  What  amount  would  pro- 
cure these  necessities  was  of  course  more  difficult  to  deter- 
mine. The  sundries  budget  finally  adopted  by  the  print- 
ing trades  conference  was  as  follows: 

Per  week 

Laundry : $0.75 

Sickness,  dentistry,  and  oculist  50 

Amusements  20 

Vacation 25 

Savings  and  insurance 35 

Church  and  charity 10 

Organizations  10 

Self-improvement   10 

Car  fare 60 

Other  incidentals  20 

Total  $3.15 

In  the  mercantile  conference  $3.20  was  allowed  for  the 
sundry  items  enumerated  above,  but  no  itemized  budget 
was  adopted. 


421 

It  must  be  recognized  that  the  wage  adopted  by  one 
conference  is  in  no  sense  an  ultimate  finding  or  neces 
sarily  a  criterion  for  another  conference  to  go  by.  Cost 
of  living  is  such  an  unstandardized  subject  that  a  matlie- 
matically  accurate  determination  is  impossible.  In  each 
conference  there  are  as  many  different  opinions  on  the 
subject  as  there  are  members.  In  general  the  employers 
wish  a  wage  sufficient  to  maintain  existing  standards  of 
living  in  the  industry  while  the  employees  contend  that 
the  standards  of  living  should  be  improved.  The  wage 
finally  agreed  upon  is  not  a  scientific  deteraiination  based 
entirely  on  facts  but  rather  a  compromise  of  opinion 
between  the  two  groups,  modified  as  it  may  be  by  the 
opinion  of  the  representatives  of  the  public.     (Page  18.) 


Report  of  Representatives  of  the  Employees  m  the  Hotel 
and  Restaurant  Conference,    District  of  Columbia. 

The  clothing  budget  made  out  by  the  workers '  repre- 
sentatives is  based  upon  the  workers'  budgets  submit- 
ted to  the  Conference  on  the  Mercantile  Industry,  but  it 
is  modified  with  reference  to  particular  items  and  also 
with  reference  to  the  increase  in  the  cost  of  clothing  since 
last  June  when  the  budget  for  the  mercantile  industry 
was  made  up. 

Differences  of  requirements,  however,  between  the 
women  working  in  the  hotels  and  restaurants  and  those 
in  the  stores  may  be  noted,  for  example  as  follows : 

More  white  waists  are  necessary  because  persons 
handling  food  and  table  linen  and  bed  linen  must  main- 
tain the  highest  possible  standard  of  personal  neatness. 
On  the  other  hand  the  wool  dress  listed  in  the  mercantile 
budget  would  not  serve  to  alternate  with  white  waists. 
That  item  in  the  present  budget  has  been  reduced  by 
half,  that  is,  it  is  estimated  .that  the  dress  would  last  two 
years  instead  of  one. 

Shoes  and  stockings  for  waitresses  and  maids  are 
heavy  expenses  because  of  the  harder  wear  due  to  the 
more  laborious  work  the  hotel  employees  have  to  per- 
form. More  frequent  changes  of  underwear  are  neces- 
sary because  of  the  heat  of  the  kitchen  and  the  greater 
exertion  of  the  workers.    Large  aprons  which  are  expen- 


422 

sive  are  an  important  item  for  hotel  and  restaurant  em- 
ployees and  the  cost  of  laundry  for  these  and  for  uni- 
forms is  greater.  Car  fare  also  is  a  great  item  in  these 
cases  because  of  the  broken  shifts  which  in  most  cases 
require  two  trips  a  day. 

Clothing. 

1  Suit  eveiy  two  years $17.50 

1  Coat  every  two  years 19.75 

8  Waists  $2  apiece 16.00 

1  Dress    waist 7.00 

1  Wool  dress  every  two  years 12.50 

1  Wool   skirt 1  10.00 

2  Summer  skirts „  5.00 

1  Dress-up-dress  every  two  years 15.00 

3  Hats  summer,  winter  work  hats  and 

1  dress  hat  every  two  years 14.00 

2  Wash  dress  $8  apiece 16.00 

4  Pair  shoes  2  pr.  at  $8  and  2  pr.  at  $4  24.00 

3  Pair  gloves  1  kid  at  $2.50  and  2  cot- 

ton at  $1.05 4.60 

12  Pair  of  stockings  at  65  cents 7.80 

2  Corsets  $2.50  apiece _  5.00 

4  Summer  union  suits  at  $1.25  apiece  5.00 

3  Winter  union  suits  $1.75  apiece 5.25 

6  Corset  covers  $.80  apiece 4.80 

4  Night  gowns  $1.50  apiece 6.00 

2  White  petticoats  $1.50  apiece 3.00 

1  Dark  underskirt 3.60 

2  Doz.  handkerchiefs  $.15  apiece 3.60 

8  Aprons  $1.50  apiece „ 12.00 

1  Kimono 2.00 

1  Purse  ]  .50 

1  Umbrella  every  two  years 1 .50 

1  Pair    rubbers 1.50 

Repairs  to  clothing  (suit,  skirt,  etc.) 2.50 

Repairing    shoes 4.00 

Neckwear,  4  sets,  at  $.50  apiece 2.00 

Miscellaneous 2.00 

Total  per  year $234.40 

Total  per  week „ 4..51 


423 

Report   of  the  Conference  on  the  Hotel,  Restaurant, 

Apartment  Rouse,  Club  and  Hospital  Industries. 
District  of  Columbia.    February  3,  1920. 

1.  The  Conference  finds  that  the  minimum  wage  for 
women  workers  in  the  occupations  under  inquiry  should 
be  $16.50  per  week,  and  that  any  lesser  wage  is  inade- 
quate to  supply  the  necessaiy  cost  of  living  to  women 
workers  in  such  occupations  and  to  maintain  them  in 
health  and  to  protect  their  morals.  The  figures  upon 
which  this  wage  is  based  are :  Room  $2.00,  board  $6.30, 
clothing  $4.50,  sundries  $3.70. 

2.  The  Conference  recommends: 

(b)  That  where  the  employer  furnishes  room  or 
board  or  both  to  his  employees  he  may  make  a  charge  for 
room  of  not  more  than  $2.00  per  week,  for  board  at  not 
more  than  the  rate  of  $.30  per  meal  or  $6.30  for  21  meals 
per  week. 


Report  of  Representatives  of  the  Employees  in  the  Con- 
ference of  the  Laundry,  Dyeing  and  Cleaning  In- 
dustry.   District  of  Columbia.    April  16, 1920. 

2.  That  the  expenditures  of  employees  at  their  pres- 
ent rates  of  pay  represent  not  necessarily  a  proper  stand- 
ard of  living  but  merely  the  purchasing  limits  of  their 
earnings. 

3.  We  call  attention  to  the  following  points : 

(a)  The  heat  in  which  we  work  necessitates  more 
changes  of  clothing,  especially  more  shirtwaists  and  un- 
derclothing, but  because  we  wear  light-weight  under- 
clothes, winter  and  summer,  our  total  estimate  for  un- 
derwear is  less  than  the  estimate  of  the  saleswomen. 

(b)  Because  our  work  is  laborious  and  perspiration 
excessive  our  expenses  for  shoes  and  stockings  and  cor- 


424 

sets  are  greater  than  if  we  were  doing  a  ligliter  kind  of 
work.  The  machines  we  use  wear  out  the  soles  of  shoes 
and  stockings  very  quickly,  and  starch  and  soapsuds 
wear  out  the  uppers  of  the  shoes. 

(c)  We  wear  waist  aprons,  or  sometimes  bungalow 
aprons,  which  cost  us  more  than  the  saleswomen's 
aprons. 

(d)  Our  laundry  item  corresponds  to  the  hotel  work- 
ers' laundry  item,  rather  than  the  saleswomen's  because 
of  the  frequent  changes  of  clothing  necessary  in  our  case 
on  account  of  perspiration. 

Budget  of  Women  Laundry  Workers. 

per  week 

Board  and  Room $10.00 

Clothing 4.86 

Sundries : 

Laundry  $1.50 

Sickness  50 

Dentist   15 

Oculist 10 

Amusements 34 

Vacation  .40 

Life  Insurance  and  Savings 35 

Church  and  Charity 25 

Organizations   15 

Self  Improvement 19 

Car  Pare 89 

Other  Incidentals  20      5.02 

Total $19.88 

We  do  not  claim  that  the  foregoing  figures  are  accu- 
rate to  the  cent.  Allowing,  however,  for  some  little  va- 
riation as  between  stores  and  between  individuals'  expe- 
rience, we  think  the  cost  of  living,  for  an  individual 
woman  in  Washington  at  the  present  time,  is  over  $19 
per  week. 


425 


In  support  of  this  conclusion  we  call  attention  to  the 
fact  that  the  Joint  Congressional  Commission  on  Eeclas- 
sification  of  Salaries  for  the  Civil  Service,  after  .extensive 
investigations  as  to  the  cost  of  living  in  the  District  of 
Columbia,  fixed  $19.60  per  week  or  $1020  per  year  as  the 
minimum  wage  for  laundry  workers  in  the  government 
service  in  Washington. 

The  Johnson-Nolan  Minimum  Wage  Bill,  which  has 
passed  the  House  and  is  now  about  to  pass  the  Senate, 
fixes  $3  per  day,  or  $21  per  week  as  the  minimum  for  all 
government  workers,  including  laundry  workers. 


United  States  Department  of  Labor.  Women's  Bureau, 
Budget  for  Women  Employed  in  the  Laundries  of 
the  District  of  Columbia,    October,  1920. 

Per  week 

Board  and  room  (1  in  a  room) $11.25 

Clothing 4.54 

Sundries : 

Laundry 1.25 

Sickness  .50 

Dentist,  oculist .25 

Amusements  .33 

(Street  car  fare  $.16,  movie  $.17) 

Vacation 40  ($20.80) 

Life  insurance  and  savings .35  ($18.20) 

Church  and  charity 20  ($10.40) 

Organizations  .15  ($  7.20) 

Self  improvement  „..  .17  (Newspaper) 

Car  fare 90  (12  trips  on 

Incidentals    — 20        tickets ) 

$20.49 


426 


Per  week 

Board  and  room  (2  in  a  room) $10.25 

Clothing  ., 4.54 

Sundries : 

Laundry 1.25 

Sickness  .50 

Dentist,  oculist 25  ($13.00) 

Amusements  .33 

(Street  car  fare  $.16,  movie  $.17) 

Vacation 40  ($20.80) 

Life  insurance  and  saving's .35  ($18.20) 

Church  and  charity 20  ($10.40) 

Orpranizations  15  ($  7.20) 

Sf^lf  improvement  .17  (Newspaper) 

Car  fare .90  (12  trips   on 

Incidentals    .20        tickets) 


$19.49 


The  Women's  Bureau  in  order  to  present  a  budget  for 
girls  employed  as  laundry  workers,  that  wonld  not  be 
excessive  but  that  would  provide  an  income  for  each 
worker  large  enough  to  insure  a  decent  standard  of  liv- 
ing, conducted  an  inquiry  into  the  cost  of  living  in  the 
District  of  Columbia.  (Due  to  the  fact  that  a  large  pro- 
portion of  the  laundry  employees  are  colored,  and  also 
due  to  the  fact  that  it  is  generally  believed  that  the  cost 
of  living  is  lower  for  colored  than  for  white  girls,  par- 
ticular attention  was  given  to  the  actual  prices  charged 
colored  girls  in  the  District  of  Colnmbia.) 

All  of  the  prices  in  this  budget  are  based  on  the  sup- 
position that  the  eight  hours  which  a  girl  works  per  day, 
should  bring  in  a  sum  large  enough  so  that  she  will  not 
have  to  do  all  her  own  sewing  and  laundry,  or  cook  her 
own  meals,  or  care  for  her  own  room. 

Cost  of  room  and  board : 

To  subdivide  the  item  of  $11.25  per  week,  for  room 
and  board ;  this  item  is  composed  of  an  allowance  of  $6.00 


427 

per  week  or  $25.00  per  month  for  board  (2  meals  a  day), 
$1.75  a  week  or  $.25  a  day  for  lunches,  and  $15.00  a  month 
or  $3.50  a  week  for  a  room. 

This  is  a  sufficient  allowance  for  room  rent  so  that-a 
girl  may  have  a  room  to  herself  as  the  Women's  Bureau 
feels  this  is  the  desirable  standard.  The  second  rate  for 
room  and  board  is  $10.25  per  week.  This  only  allows 
$10.00  per  month  for  room  rent  and  means  that  a  girl 
must  have  a  room  mate. 

Cost  of  week's  board: 

In  1918  the  Bureau  of  Labor  Statistics  declared  that 
$6  per  week  for  two  meals  a  day  was  the  lowest  sum  for 
which  it  was  possible  to  obtain  sufficient  food.*  It  is  com- 
mon knowledge  that  the  cost  of  living  has  risen  steadily 
in  the  last  two  years,  and  that  the  decline  of  wholesale 
prices  in  the  last  two  months  has  not  reached  the  ultimate 
consumer.  The  National  Industrial  Conference  Board, 
an  association  of  Manufacturers,  puts  the  rise  at  44.4  per 
cent,**  yet,  because  personal  investigation  disclosed  a 
fair  number  of  places  where  board  could  be  had  at  this 
rate,  the  figure  is  retained.  It  should  be  stated,  however, 
that  in  a  great  number  of  cheap  but  decent  boarding 
houses  the  rate  is  not  $25  but  $30  per  month. 

Cost  of  meals  at  restaurants : 

Board  for  colored  girls  in  private  homes  or  small 
boarding  houses  is,  however,  very  difficult  to  find.  The 
girls  depend  largely  on  small  restaurants.  The  prices 
of  a  number  of  the  small,  cheap,  and  in  some  cases,  dirty 
cafes  frequented  by  them,  are  such  that  $6  per  week 
would  barely  cover  two  meals  a  day.     The  following 

♦Bureau  of  Labor  Statistics,  Monthly  Bulletin,  March,  1918,  p.  4. 
**U.   S.   Railway  Labor  Board,  Increase  in  the  Cost  of  Living  and  Prices 
presented  by  W.  Jett  Lauck,  May,  1920. 


428 

price  list  gives  an  idea  of  how  carefully  a  girl  would  have 
to  plan  to  keep  within  $.86  a  day. 

Ham  and  eggs  (bread  and  butter $.30 

Bacon  and  eggs  (bread  and  butter) 30 

Ham  (bread  and  butter) 25 

Eggs  20 

Beef  or  lamb  stew 25 

Pork  and  beans 30 

Hash  „ 20 

Bread  and  butter _ 10 

Pudding  ^ - -...      .15 

Milk 10 

Cost  of  lunches : 

With  these  prices  in  mind  it  can  be  seen  that  the 
allowance  of  $.25  a  day  for  lunch  is  not  sufficient  to  pro- 
vide the  girl  with  a  hot  lunch.  She  must  be  content  with 
a  couple  of  sandwiches.  The  colored  Y.  M.  C.  A.  which 
only  pays  its  own  expenses  charges  $.12  for  a  lettuce  or 
cheese  sandwich  but  $.20  for  a  meat  one. 

Cost  of  rooms : 

The  price  of  a  room  was  set  after  about  34  personal 
visits  to  rooms  in  all  four  sections  of  the  city,  the  greater 
number  being  rooms  for  colored  girls,  and  talks  with 
various  room-finding  agencies  such  as  the  Y.  W.  C.  A., 
with  former  members  of  the  War  Camp  Community  Cen- 
ters room  agency  boards,  and  with  representative  colored 
citizens.  Although  rooms  were  found  as  cheap  as  $7  per 
month,  every  such  room  was  unfurnished  or  not  heated, 
lighted  or  cared  for,  or  the  house  had  no  modem  con- 
veniences, and  sometimes  all  of  these  conditions  were 
combined.  For  $15  a  month  colored  girls,  as  well  as  white 
girls,  can  obtain  decent  single  furnished  rooms,  heated, 
lighted  and  cared  for.  Even  at  $15  a  month  a  few  land- 
ladies required  that  the  girls  launder  their  own  bed  linen 
and  clean  their  own  rooms.  At  $20  per  month  several 
fair-sized  double  rooms  were  found  in  colored  homes. 
The  lowest-priced  double  rooms  for  white  girls  were  $25 
per  month. 


429 


Future  charges  for  room  and  board : 

The  Federation  of  Citizens  Associations  of  Washing- 
ton in  a  newspaper  statement  published  in  the  Christiari 
Science  Monitor  of  October  4th,  says,  conceiiiing  living 
costs  in  Washington:  ^^ Rents  and  food  pnces  show  no 
indication  of  declining,  but  on  the  contrary,  seem  to  be 


rismsr. ' ' 


The  clothing  allowance  of  $4.54  per  week  is  based  on 
the  following:  detailed  budsret: 


^J_,         .*^^^*.V.V*        K^^V^J-). 


1  suit  every  2  years  at  $35  (sale) $17.50 

1  coat  every  2  years  at  $35  (sale) 17.50 

1  dress  waist 5.95 

3  shirt  waists  (2  at  $2.00, 1  at  $2.50)  6.50 

2  middies  at  $2 4.00 

1  wool  dress  every  3  years  at  $20 6.66 

1  wool  skirt  every  2  years  at  $12 6.00 

2  summer  skirts  at  $3 6.00 

1  dress-up  dress  every  2  years  at 

$20 10.00 

3  hats  at  $5 15.00 

3  wash  dresses,  work  dresses,  at  $8  24.00 

4  pair  shoes  at  $9 36.00 

3  pair  gloves   (1  pr.  kid  at  $3.50 

every  2  years,  2  pr.  cotton  at 

$1.25    4.25 

15  pr.  stockings  (12  pr.  at  $.59,  3  pr. 

at  $1 ) 10.08 

3  corsets  at  $3 9.00 

6  envelope  chemises  at  $1.50 9.00 

6  undershirts  at  $.35 2.10 

3  night  gowns  (1  flannel  at  $2.25,  2 

summer  at  $2.00) 6.25 

4  petticoats  (2  cotton  at  $2,  2  flan- 

nel at  $1.50) 7.00 

1  dark  underskirt  every  2  vears  at 

$3.50  : 1.75 

1  dozen  handkerchiefs  at  $.12% 1.50 

4  aprons   (2  waist  aprons  at  $1,  2 

bungalow  aprons  at  $2) 6.00 


430 


1  kimono  2.50 

1  purse    .. -  1.98 

1  umbrella  every  2  years  at  $3.50 _  1.75 

1  pair  rubbers 1.50 

Cleaning-  and  pressing  clothing 2.50 

Repairing  shoes  (at  $2.50  half-soles 

and  heels) 5,00 

Clothing   repairing 5.00 

2  pieces  neckwear  at  $.50 1.00 

Miscellaneous  3.00 


$236.27  per  year 
4.54  per  week 

Choice  of  articles  of  clothing : 

The  articles  listed  on  the  preceding  sheet  are  consid- 
ered necessary  for  a  woman  to  be  comfortable  and  to 
look  decent.  Since  laundry  work  is  exceedingly  hot  work 
even  under  the  best  possible  conditions,  the  women  wear 
thin  dresses  at  work  the  year  round.  An  inspection  of  a 
number  of  laundries  in  the  District  of  Columbia  when  the 
type  of  clothes  worn  by  the  workers  was  observed,  forms 
the  basis  for  the  selection  of  certain  articles  and  the  num- 
ber selected. 

Woolen  clothes-: 

For  instance,  woolen  garments  are  expected  to  last 
two  years  in  every  case  and  in  one  case  three  years  be- 
cause the  girls  do  not  wear  them  during  working  hours. 

Summer  clothes : 

To  offset  this  a  number  of  thin  dresses,  waists,  mid- 
dies and  bungalow  aprons  have  been  allowed,  since  these 
garments  are  worn  at  work  during  the  entire  year.  As 
it  is  very  doubtful  whether  any  of  these  thin  articles  will 
last  over  from  one  year  to  the  next  a  complete  replace- 
ment is  allowed  for.^  The  girls  work  with  perspiration 
streaming  down  their  faces  and  bodies,  which  must  rot 
their  clothes.  Uniformly  the  girls  wore  clean  dresses, 
even  though  they  were  old  and  faded,  and  the  frequent 


431 

washings  necessary  to  maintain  this  standard  also  wear 
clothes  out  quickly. 

Underwear :  - — ^- —  _ 

Underwear  and  corsets  need  frequent  replacements 
from  both  these  causes.  In  addition,  the  girls  on  any 
machine  which  requires  constant  foot  pressure,  break 
corset  stays  from  the  continued  bending. 

Shoes  and  stockings : 

Shoes  and  stockings  are  worn  out  both  by  constant 
standing  and  by  the  constant  pressure  of  the  sole  of  the 
shoe  against  a  foot  press.  (The  majority  of  the  girls 
work  at  machines  where  such  pressure  is  necessary.  Most 
of  the  girls  tend  one  such  machine  but  in  each  laundry 
one  or  two  girls  tend  as  high  as  four.)  The  shoes  and 
stockings  also  are  rotted  by  perspiration.  On  account 
of  all  these  factors  and  also  because  the  sum  allowed  for 
a  pair  of  stockings  ($.59)  will  only  purchase  a  rather 
poor  grade,  the  Women's  Bureau  has  not  only  allowed  a 
large  number  of  pairs  of  work  stockings  but  has  allowed 
three  pairs  of  better  grade  lisle  stockings  for  evening  or 
Sunday  wear.  The  number  of  pairs  of  shoes  was  also 
based  on  these  facts.  In  a  few  of  the  laundries  the  girls 
wore  very  old,  broken  shoes,  but  in  others  they  were 
neatly  shod.  It  is  a  question  whether  any  advantage  of 
coolness  gained  by  broken  shoes  is  not  more  than  offset 
by  the  harm  done  in  the  way  of  flat  foot,  spinal  and  in- 
ternal dislocation,  which  can  easily  be  caused  by  stand- 
ing all  day  in  badly  fitting,  run-over,  worn-out  shoes. 
There  was  no  reason  to  believe  that  the  girls  who  could 
afford  decent  shoes  preferred  broken  ones  because  of 
comfort.  If  this  were  the  case  the  custom  would  be  much 
more  universally  followed. 

Prices  for  clothing : 

The  prices  quoted  in  the  clothing  budget  were  obtained 
by  shopping  in  five  of  the  cheaper  Washington  stores  at 
intervals    during    July,    August,    late    September    and 


432 

October,  1920.  This  was  a  period  when  prices  were  low 
due  to  the  nation-wide  price  cutting  in  retail  stores  and 
also  due  to  the  custom  of  Washington  merchants  of  hav- 
ing extensive  annual  sales  during  July  and  August,  and 
to  special  October  sales  this  year.  In  the  greater  num- 
ber of  cases  it  was  impossible  to  get  the  prices  from 
which  the  articles  were  reduced.  The  prices  are  not  the 
lowest  obtainable,  particularly  in  the  case  of  some  of  the 
smaller  articles  but  are  the  lowest  prices  for  which  an 
article  that  would  wear  any  length  of  time  could  be 
bought.  Moreover,  these  prices  were  found  after  a  much 
longer  time  devoted  to  shopping  than  any  girl  who  is 
employed  eight  hours  a  day  can  possibly  give.  A  third 
factor  that  m.akes  clothes  higher  when  actually  purchased 
is  that  many  girls  must  buy  on  a  credit  basis.  This  is 
hard  for  them  to  get  and  often  means  that  they  must  pay 
considerably  more  for  an  article.  In  one  7th  Street  store, 
an  article  would  be  held  until  paid  for,  making  a  differ- 
ence of  25  per  cent  in  the  price.    (Page  4.) 

The  various  items  that  enter  into  the  sundry  items 
have  been  based  on  current  prices  in  Washington. 

Laundry : 

The  laundiy  item  is  put  at  this  sum  because  it  seems 
to  be  an  absolute  minimum  charge  among  washwomen 
for  laundries  that  include  the  number  of  articles  that  the 
hot  work  done  by  these  girls  requires  them  to  wear. 

Sickness : 

The  smn  allowed  for  sickne.ss,  $.50,  is  sulueient  for 
sickness  insurance  which  would  pay  a  girl  $12,00  a  week. 
Once  again  this  is  a  bare  minimum.  If  board  and  room 
is  $11.25  a  week,  this  sum  will  not  covor  a  doctor's  bill 
and  the  girl  will  return  to  work  in  debt. 

Dentist  and  ooulist : 

The  allowance  of  $.25  a  week  for  dentist  and  oculist 
can  be  judged  better  perhaps  by  calling  it  $13.00  a  year. 
This  would  not  do  more  than  buy  a  girl  a  pair  of  glasses. 


433 

The  girl  who  doesn't  need  glasses  5s  likely  to  need  den- 
tist's care.    This  sum  will  not  do  both. 

Amusements:  _ 

Amusements  at  $.33  allow  for  one  movie  a  week  and 
oar  fare  to  and  from  the  movie  theater. 

Vacation : 

The  vacation  allowance  would  provide  a  girl  with 
$20.00  a  year.  When  it  is  taken  into  consideration  that 
the  girl  loses  her  wage  for  every  day  she  takes  off,  and 
that  living  costs  go  right  on,  this  sum  cannot  provide  the 
worker  with  more  than  a  week's  vacation,  either  spent 
in  Washington,  or  very  near  the  city. 

Life  insurance  and  savings: 

Thirtj^-five  cents  a  week  for  life  insurance  and  sav- 
ings would  provide  a  $633.00  death  policy  or  a  $300.00 — 
20-year  life  policy. 

Church  and  charity : 

The  allowance  for  church  and  charity  permits  a  girl 
the  customary  weekly  contribution  of  $.10  and  a  sum  of 
$5.00  per  year  to  give  to  charity. 

Organizations : 

Organizations  are  allowed  $7.80  a  year.  This  would 
permit  a  girl  to  belong  to  a  union  or  to  a  fraternal  organi- 
zation. 

Self  improvement : 

The  self-improvement  fund  merely  allows  enough  for 
a  daily  newspaper. 

Car  fare : 

The  car  fare  covers  the  trips  to  and  from  work. 

Incidentals : 

A  small  amount  weekly  ($.20)  is  allowed  the  girl  for 


434 

incidentals.  Sucli  things  as  toilet  articles,  darning  cot- 
ton, lingerie  tape,  shoe  laces,  shoe  polish  and  a  multitude 
of  such  small  necessities  are  not  provided  for  elsewhere 
in  the  budget.    (Page  6.) 


Massdchusetts  Department  of  Labor  and  Industries, 
Division  of  Minimum  Wage,  No.  16,  Women's 
Clothing  Occupation  Decree,    Mag  6, 1920, 

The  board  held  its  first  meeting  on  January  14,  1920, 
and  after  nine  meetings,  on  March  31, 1920,  submitted  to 
the  Commission  a  unanimous  report  of  its  determinations, 
together  with  the  reasons  therefor  and  the  facts  relating 
thereto. 

Eegarding  the  needs  of  female  employees  in  the 
women's  clothing  occupation,  and  its  recommendations 
based  thereon,  the  board  reports  as  follows : 

In  determining  the  cost  of  living  budget,  the  board 
had  before  it  the  budgets  of  previous  wage  boards,  studies 
of  the  cost  of  living  by  agencies  of  the  government  and 
private  organizations,  and  facts  gathered  and  submitted 
by  members  of  the  board.  Each  item  of  the  budget  was 
considered  separately  with  the  following  results : 

Minimum  Budget. 

-*  Favored  by  Em-        Favored    by    all 

ployee  Members.       Other    Members. 

1.  Board  and  lodging. 


2.  Clothing 

3.  Laundry 

4.  Doctor  and  Dentist. 

5.  Church  - ^. 

6.  Vacation  

7.  Recreation    

8.  Education   

9.  Savings   

10.  Carfare  

11.  Incidentals 


$9.50 

$9.50 

3.25 

3.25 

.45 

.45 

.45 

.40 

.20 

.10 

.45 

.40 

.45 

.37 

.18 

.18 

.50 

.30 

.20 

.20 

.10 

.10 

Total  ^ $15.73  $15.25 


435 

In  connection  with  this  budget,  the  board  makes  the 
following  explanation : 

Item  No.  1  was  adopted  after  personal  investigation 
of  living  conditions  in  a  number  of  cities  and  towns.  -Thf 
item  is  a  minimum  for  the  worker  who  boards,  and  eats 
all  meals  out.  The  room  provided  is  the  cheapest  room 
within  walking  distance  of  the  factory. 

The  clothing  item  (No.  2)  was  adopted  after  detailed 
consideration  of  a  clothing  budget,  based  on  between- 
season  prices  for  serviceable  apparel. 

A  nominal  savings  item  (No.  9)  was  adopted,  but  it 
should  be  noted  that  this  item  does  not  represent  any 
attempt  to  insure  against  seasonality  of  employment, 
which  is  an  important  factor  in  this  industiy. 

With  respect  to  the  budget  as  a  whole,  it  should  be 
observed  that  the  board  was  dealing  with  living  condi- 
tions as  thoy  prevailed  at  the  beginning  of  this  year,  the 
highest  point  yet  reached  in  the  rising  cost  of  living.  The 
board  considered  the  possibility  of  a  fall  in  prices,  but 
felt  that  it  could  not  base  a  recommendation  on  conjec- 
tures a^  to  the  future,  but  must  deal  with  facts  as  they 
now  exist.  Under  the  power  of  the  Commission  to  recon- 
vene the  boards  on  petition,  it  may  be  possible  to  make 
a  readjustment  at  some  future  time  should  there  be  a 
radical  change  in  the  price  level. 

The  fact  that  the  budget  makes  no  provision  for  loss 
of  employment  due  to  the  seasonal  character  of  certain 
branches  of  the  industry  is  noted  by  the  board  with  the 
following  statement: 

It  was  felt  that  the  problem  of  seasonality  is  too  large 
and  complex  to  admit  of  handling  through  the  medium  of 
a  minimum  wage,  and  therefore  the  board  has  voted  to 
recommend  this  problem  to  the  attention  and  study  of  the 
Department  of  Labor  and  Industries.     (Pages  2-3.) 


436 

Massachusetts  Department  of  Labor  and  Industries, 
Division  of  Minimum  Wage.  No.  17.  Paper  Box 
Occupation  Decree.    May  26,  1920. 

The  board  held  its  first  meeting  on  March  18,  1920, 
and  after  four  meetings,  on  April  29,  1920,  submitted  to 
the  Commission  a  report  of  its  determinations,  together 
with  the  reasons  therefor  and  the  facts  relating  thereto. 
This  report  was  signed  by  all  the  members. 

Regarding  the  needs  of  female  employees  in  the  paper- 
box  industry,  and  its  recommendations  based  thereon, 
the  board  unanimously  adopted  on  April  15,  the  follow- 
ing budget : 

Amount 
Items.  per  Week. 

Board  and  lodging $9.00 

Clothing 3.25 

Laundry .60 

Doctor  and  dentist .50 

Church  .15 

Newspapers  and  magazines .25 

Vacation .50 

Recreation  and  self -improvement. .50 

Insurance    .1 0 

Contingent    fund .40 

Incidentals    ...^: — .25 

Total    $15.50 

In  submitting  this  budget  the  following  items  are 
noted : 

Car  Fares. — No  allowance  for  car  fares  between  the 
residence  of  the  worker  and  the  place  of  employment  was 
included,  because  it  appeared  that  a  very  large  propor- 
tion, if  not  the  majority,  of  the  employees  live  within 
walking  distance  of  their  place  of  employment,  and  such 
an  item  could  not  therefore  be  included  in  a  minimum 
bu.lget. 

Vacation. — The  allowance    is  intended    to  cover  the 


437 

expenses  of  a  vacation  of  two  weeks,  which  was  found  to 
be  necessary  to  maintain  the  worker  in  health. 

Recreation  and  Self -improvement. — It  was  decided  to 
combine  these  items  under  one  head  because  an  allowance 
for  both  is  necessary,  but  the  division  of  such  an  allow- 
ance would  vary  according  to  the  character  of  the  worker. 

Insurance. — This  amount  was  allowed  to  cover  cost  of 
industrial  insurance  or  the  fees  of  benefit  associations, 
based  upon  the  minimum  amount  actually  paid  by  the 
worker. 

Contingent  Fund. — This  term  was  adopted  as  a  bet- 
ter term  than  ^^ savings,''  because  a  minimum  wage 
worker  is  not  expected  to  save  money,  but  only  tempor- 
arily to  lay  aside  sufficient  to  provide  for  usual  contin- 
gencies. 

Incidentals. — The  allowance  for  this  item  is  to  include 
those  things  necessary  in  a  cost  of  living  budget  which 
are  not  included  in  the  other  items.     (Pages  2-3.) 

It  is  also  recommended  that  this  minimum  be  varied 
to  meet  changes  in  the  cost  of  living: 

This  board  believes,  and  therefore  recommends,  that 
the  minimum  wage  should  vary  with  the  index  figures 
given  in  the  table  of  statistics  furnished  by  the  Bureau 
of  Labor  and  Statistics  of  the  United  States  Department 
of  Labor,  and  that  if  thus  varied  justice  will  be  done  the 
industry,  the  employees,  and  the  public. 

A  change  in  the  minimum  wage  should  only  be  made 
when  there  is  a  real  change  in  the  cost  of  living,  and  it 
should,  in  our  opinion,  be  made  by  the  Commission  only 
upon  the  request  of  a  reasonable  number  of  employers 
or  employees  of  the  industry. 

We  therefore  recommend  that  this  minimum  wage  of 
$15.50,  which  is  based  largely  on  the  cost  of  living  exist- 
ing during  April,  1920,  and  which  it  is  recommended  shall 
go  into  effect  July  1,  1920,  continue  until  further  order  of 
the  Commission  made  on  or  about  January  1,  or  July 
1,  of  any  year  upon  petition  of  either  ten  paper-box  man- 
ufacturers or  fifty  employees  of  paper-box  manufactur- 


438 

ers,  five  from  each  of  ten  different  factories;  that  upon 
such  a  petition  the  Commission  shall  establish  the  mini- 
mum wage  at  a  figure  v/hich  shall  bear  the  same  propor- 
tion to  the  sum  of  $15.50  as  the  index  figure  in  the  table 
of  the  relative  retail  prices  of  the  principal  articles  of 
food  in  the  United  States,  published  by  the  Bureau  of 
Labor  and  Statistics  of  the  United  States  Department 
of  Labor  in  the  Monthly  Labor  Review  for  the  month  of 
October  or  April  preceding,  bears  to  the  index  figure  in 
the  said  table  for  the  month  of  April,  1920. 

The  board  further  recommends  that  the  notice  of  the 
decree  to  be  posted  by  employers  contain  a  statement 
like  the  following: 

The  wage  board,  upon  the  determinations  of  which 
this  decree  is  based,  earnestly  recommends  both  to 
employers  and  to  employees  in  the  paper-box  industry 
that  they  view  this  decree  only  as  defining  a  minimum 
living  wage,  and  that  they  recognize  that  in  order  to  re- 
duce the  cost  of  living  it  is  essential  that  both  employers 
and  employees  co-operate  to  secure  a  maximum  produc- 
tion.   (Pages  3-4.) 


U.  S.  Department  of  Labor,  Bulletin  of  Woman  in  Indus- 
try Service  No.  4.  Wages  of  Candy  Makers  in 
Philadelphia  in  1919. 

Estimates  of  the  Cost  of  Living. 

In  New  York  State  the  Consumers'  League,  after  a 
careful  examination  of  girls'  budgets,  stated  that  in  the 
early  months  of  1918,  $14.80  was  the  minimum  on  which  a 
girl  could  live.  The  Consumers'  League  of  Eastern 
Pennsylvania  named  $14.66  as  the  minimum,  explaining 
that  it  made  no  allowance  for  savings  or  health  insurance, 
which  the  league  considered  essential  in  any  budget.  In 
the  District  of  Columbia  a  conference  composed  of  repre- 
sentatives of  employers,  workers,  and  the  public  and  one 
representative  of  the  minimum  wage  board,  appointed 
under  Act  of  Congress  to  recommend  a.minimum  wage  for 


439 

the  printing  and  publishing  houses  of  the  District,  has 
just  recommended  to  the  minimum  wage  board  a  mini- 
mum of  $15.50,  [decreed  minimum  $15.50]  declaring  it 
to  be  ^'the  minimum  wage  upon  which  a  woman  wi#iout 
dependents  can  maintain  herself  at  a  proper  standard  of 
living  in  the  District  of  Columbia.'' 

The  difference  between  these  recommendations  for 
New  York,  Pennsylvania,  and  the  District  of  Columbia 
is  slight.  In  none  of  these  reports  is  a  wage  of  $14  or 
less  considered  adequate  as  a  minimum. 

How  nearly  does  the  girl  working  in  the  candy  indus- 
try in  Philadelphia  earn  this  essential  minimum?  In  a 
week  of  January,  1919,  less  than  one-fourth,  22.6  per  cent, 
of  the  women  workers  in  the  candy  industry  earned  $14 
and  over,  and  one-half  earned  less  than  $10.30. 

How  does  the  girl  who  earns  less  than  $14  make  both 
ends  meet?  Her  room  probably  costs  $2.50  a  week  at 
the  least  and  her  board,  covering  only  two  meals  on  week 
days,  and  three  meals  on  Sunday,  will  cost  an  additional 
$5.  Then  there  are  lunches,  car  fares,  clothing,  laundry, 
insurance,  savings  and  recreation,  all  of  which  are  re- 
quired as  an  inevitable  part  of  the  eost  of  living.  If  a 
worker  earns  $10.30,  which  is  the  median  wage  in  the 
candy  industry,  and  pays  $7.50  for  room  and  board,  she 
has  left  $2.80  for  all  other  expenses.  These  necessities 
must  be  paid  for  in  some  such  way  as  was  illustrated 
among  the  candy  makers  who  were  interviewed  in  this 
inquiry.  The  first  result  of  low  earnings  is  that  the  girls 
must  go  without  proper  food,  clothing,  or  medical  care, 
so  that  the  industry  levies  a  toll  upon  their  health.  In 
some  instances  charitable  assistance  was  necessary.  Coal 
and  sometimes  medical  assistance  were  obtained  from 
public  or  private  charity.  In  families  where  there  were 
two  or  three  wage  earners  it  was  evident  that  either  the 
entire  family  lived  at  a  standard  lower  than  the  require- 
ments for  health  and  welfare  or  that  those  wage  earners 
who  were  receivinsr  somewhat  more  than  the  minimum 
were  contributing  to  the  support  of  those  who  were  under- 
paid. If,  as  was  the  case  frequently,  the  underpaid 
workers  have  had  sufficient  experience  to  be  beyond  the 


440 

stage  of  apprenticesliip  and  as  adults  are  contributing 
their  full  time  to  an  industry,  it  is  evident  that,  from  a 
social  point  of  view,  the  failure  of  the  industry  to  make 
the  cost  of  living  the  basis  for  determining  the  minimum 
wage  means  that  the  industry  is  securing  contributions 
from  the  wages  paid  in  other  industries  or  that  it  is  levy- 
ing a  tax  upon  the  amount  which  should  be  available  for 
the  requirements  of  a  proper  standard  of  living  for  the 
workers.     (Pages  26-27.) 


441 


INDEX  OF  SOURCES  QUOTED 


442 

I.     PUBLIC  DOCUMENTS 

United  States 
Federal 

Bureau  of  Labor  Statistics  Page 

Bulletin  No.  265.    Industrial  Survey  in  Selected  Indus- 
tries in  United  States.     1919 317 

Monthly  Labor  Review 

December,  1915.    Minimum  Wage  Law  in  France 313 

March,  1917.  New  Regulations  as  to  Wages  of 
Workers  in  Munition  Factories 314 

December,  1917.  Minimum  Wage  Legislation  in 
Germany  and  Austria. „ 315 

September,  1918.  Minimum  Wage  Legislation  in 
Norway   314 

Januar}^,  1919.  Principle  of  Minimum  Wage  In- 
dorsed by  Associated  Merchants  and  Manufactur- 
ers of  New  York  State „ 139 

June,  1919.  Wages  of  Women  and  Minors  in  Mer- 
cantile Industry  in  District  of  Columbia 3,  98,  377 

September,  1919.     New  Minimum  Wage  Awards  in 

Minnesota   45 

Wages  and  Hours  of  Hotel  and  Restaurant  Em- 
ployees   _ 356 

February,  1920.  Virginia  Bureau  of  Labor  and  In- 
dustrial Statistics.    22nd  Annual  Report _ 350 

July,  1920.  Construction  of  Minnesota  Minimum 
Wage  Law  45 

August,  1920.  Minimum  Rates  of  Wages  of  Agri- 
cultural Laborers  in  England  and  Wales..... _.. 152 

Women  in  Industry  Service 

Bulletin  No.  4.     Wages  of  Candy  Makers  in  Philadel- 
phia in  1919 105,  134,  368,  384,  398,  438 

Women's  Bureau 

Bulletin  No.  9.    Home  Work  in  Bridgeport,  Connecticut.  363 
Bulletin  No.^  10.     Hours  and  Conditions  of  Work  for 
Women  in*  Industry  in  Virginia 350,  383 


443 

Page 
Budget  for  Women  Employed  in  Laundries  of  District 
of'  Columbia,  October,  1920 425 

Senate  Documents 

Hearing  before   Subcommittee   of   Committee   on   Dis- 
trict of  Columbia  on   S.  3993.     Bill  to  Establish 
Minimum  Wage  Board  in  District  of  Columbia 
Frances   Axtel   of   U.    S.    Employees'    Compensation 

Commission  „  127 

Charles  J.    Columbus,    Secretary   of   Merchants   and 
Manufacturers'  Association  of  District  of  Colum- 

Senator  Park  Trammell ™ 1 26 

No.  562.    Report  on  Minimum  Wage  Board  for  District 

of  Columbia  „ _..  131 

House  Documents 

Hearing  before  Subcommittee  of  Committee  on  District 
of  Columbia  on   H.  R.   10367.     Bill  to  Establish 
Minimum  Wage  Board.     April,  1918 
Edward   A.   Filene,   Director  of  U.   S.   Chamber  of 

Commerce  _ 122 

Arthur  N.  Holcombe  of  Mass.  Minimum  Wage  Com- 
mission   „„ 121 

Julia   O'Connor,    President    Mass.   Telephone   Oper- 
ators' Union  „„.„  1 10 

Rev.  Dr.  John  H.  Ryan,  Catholic  University,  Wash- 
ington, D.  C 402 

Dr.  W.  C.  Woodward,  Health  Commissioner  of  Dis- 
trict  of    Columbia 1 24 

No.  571.    Report  on  Minimum  Wage  Board  for  District 

of  Columbia.    65th  Congress.    2nd  Session.     1918.  128 

Congressional  Record 

Volume  56.     1918.     Speeches  before  the  House  on  Dis- 
trict of  Columbia.     Minimum  Wage  Board  Bill. 

Part  9.    William  J.  Carey Page  8882  132 

William   R.    Green Page  8875  „._ 132 

Stuart  F.  Reed Page  8881 133 

Joseph    Walsh Page  8885  133 

Part  12.    Augustine  Lonergan Page  604 133 


444 

Pace 
Volume  56.    Part  10.    1918.    Speeches  before  Senate  on 
District  of  Columbia  Minimum  Wage  Board  Bill 
William   S.   Kenyon Page  10278 _ 134 

States 

District  of  Columbia 
Minimum  Wage  Board 

Orders 

No.  2.     Printing,   Publishing  and   AlHed   Industries. 

June    13,    1919 1 

No.  3.     Mercantile  Industry,  August  29,  1919 1 

No.  4.     Hotel,    Restaurant    and    Allied    Industries. 

March  26,   1920 1 

Reports 

Cost  of  Living  of  Wage  Earning  Women  in  District 

of  Coluntbia.    January,  1919 409 

Study  of  W^ork  and  Wages  of  Women  in  Printing, 
Publishing  and  Allied  Trades  in  District  of  Co- 
lumbia.    January,  1919 2,  100 

Wages  of  Women  in  Hotels  and  Restaurants  in  Dis- 
trict of  Columbia.     October  10,  1919 5,     79 

Wages  of  Women  in  Laundries  and  Dyeing  and 
Cleaning  Establishments  in  District  of  Columbia. 
February,  1920 10 

Report  of  Representatives  of  Employees  in  Hotel  and 

Restaurant   Conference 421 

Report  of  Conference  on  Hotel,  Restaurant,  Apart- 
ment House,  Club  and  Plospital  Industries.  Feb- 
ruary,  1920 423 

Report  of  Representatives  of  Employees  in  Confer- 
ence of  Laundry,  Dyeing  and  Cleaning  Indus- 
try.    April,   1920 423 

Study  of  Wages  of  Women  Employed  as  Cleaners, 
Maids  and  Elevator  Operators  in  Office  Build- 
ings, Banks  and  Theatres  and  as  Car  Cleaners  in 
District  of  Columbia.     May,  1920 11 

Second  Annual  Report.     December  31,  1919. 

15,  91,  160,  169,  171,  417 


445 

Arkansas  Page 

Minimum  Wage  and  Maximum  Hour  Commission 
Order  No.  2.     Mercantile  Establishments,  City  of  Fort 

Smith.     August  4,    1920 ......^  -18 

Bureau  of  Labor  Statistics 

Third  Biennial  Report  1917-1918 114,  392 

California 

Industrial  Welfare  Commission 
Orders  1920 

No.     3.     Fruit  and  Vegetable  Canning 19,  20 

No.     5.     Mercantile  ..._ 19,  20 

No.     6.     Fish  Canning  19,  20 

No.     7.     Laundry  and  Dry   Cleaning 19,  21 

No.     8.     Fruit  and  Vegetable  Packing 19,  21 

No.     9.     General  and  Professional  Offices 19,  21 

No.  10.     Unclassified  Occupations  19,  21 

No.  11.     Manufacturing  19,  21 

No.  12.     Hotels  and  Restaurants 19,  21 

No.  14.     Agricultural    Occupations    19,  21 

Reports 

Second  Biennial  Report  1915-1916 74,  393 

Third  Biennial  Report  1917-1918. 

25,  76,  91,  108,  114,  161,  173 
Report  on  Regulation  of  Wages,  Hours  and  Working 
Conditions   of  Women   and    Minors   in   Fruit   and 
Vegetable  Canning  Industry  of  California.     May, 
1917  22,  77,  78,  163 

Colorado 

Industrial  Commission.     Second  Annual  Report.     1918.  116 

Kansas 
Industrial  Welfare  Commission 
Orders 

No.     6.     Mercantile.     January  16,   1918 30 

No.     7.     Laundries.     March  14,  1918 30 

No.     9.     Telephone  Operators.    July  8,  1918 30 

No.  10.     Manufacturing.     February  21,   1919 30 

Report,  First  Biennial.     1915-1917 31,  118,  394 

Louisiana 
Commissioner  of  Labor  and  Industrial  Statistics 

Tenth  Biennial  Report 347 


446 

Maryland                                                                                        Pr\»}iS 
Board  of  Labor  and  Statistics.     28th  Annual  Report. 
1919   - - 397 

Massachusetts 

Minimum  Wage  Commission 

Orders 

No.     6.     Men's  Furnishings.    October  26,  1917 33 

No.     7.     Muslin  Underwear,  Petticoat,  Apron,  Kimono, 

Women's  Neckwear  and  Children's  Clothing.    July 

1,   1918  - 33 

No.     8.     Retail  Millinery.     July  1,  1918 33 

No.     9.     Wholesale  Millinery.     November  30,  1918 33 

No.  10.     Office   and   Building   Cleaners.     January   27, 

1919  33 

No.  11.     Candy.    July  19,  1919 33 

No.  12.     Canning  and  Preserving.    July  21,  1919 33 

No.  13.     Corsets.     1919*  34 

No.  14.     Men's  Clothing  and  Raincoats.    December  27, 

1919*   - 34 

No.  15.     Knit  Goods.     March  13,  1920* „ 34 

No.  16.     Women's  Clothing.     May  6,  1920* 34,  434 

No.  17.     Paper  Box.     May  26,  1920* _ 34,  436 

Bulletins  on  Wages  of  Women 

No.  13.     Men's    Clothing    and    Raincoats.     December, 

1916  35,  101,  382,  390 

No.  14.     Muslin  Underwear,  Petticoats,  Aprons,  Kimo- 
nos, Women's  Neckwear  and  Children's  Clothing. 

July  1,  1918 :. 35,  80,  101 

No.  15.     Shirts,  Workingmen's  Garments  and  Furnish- 
ing Goods.     December,  1917 „ 35,  102,  381 

No.  16.     Office   and   Other   Building  Cleaners.     May, 

1918  35 

No.  17.     Hotels  and  Restaurants.     September,   1918......  357 

No.  18.     Candy.    January,  1919 36,  374 

No.  19.     Canning  and  Preserving.     March,  1919. 

36,  104,  375,  390,  396 

No.  20.     Millinery.     May,   1919 _ 35,    105,  386 

No.  21.     Corsets.     November,   1919 376,  379,  395 


*Orders  issued  by  Department  of  Labor  and  Industries,  Division  of  Mini- 
mum Wage. 


447 

Annual  Reports  Page 

Fourth,  1916 92 

Fifth,  1917 37,  76,  3067  370 

Sixth,  1918 38,  108,  355,  371 

Seventh,  1919 36,  40,  93,  109,  373 

Minnesota 

Minimum  Wage  Commission 
Order 
No.  12.     Any  Occupation.     December  1,  1920 44 

Bureau  of  Women  and  Children  and  Women  in  In- 
dustry Committee,  Council  of  National  Defense 
Women  in  Industry  in  Minnesota  in  1918 338,  398 

New  York 

Department  of  Labor.  Weekly  Earnings  of  Women  in 
Five  Industries,  1918  351 

Bureau  of  Women  in  Industry.  Telephone  Industry  in 
New  York  State,  1920 353 

North  Dakota 

Workmen's  Compensation  Bureau 
Orders.    June  15,  1920 

No.     3.     General  Regulations 49 

No.     4.     Minors   49 

No.     5.     Public    Housekeeping   _.„ _  48 

No.     6.     Personal   Service   48 

No.     7.     Offices  _.. 48 

No.     8.     Manufacturing   48 

No.     9.     Laundry   _ _„.  48 

No.  10.     Student  Nurses  „ _ 48 

No.  11.     Mercantile - - 48 

No.  12.     Telephone _ 49 

Oregon 

Industrial  Welfare  Commission 
Orders.     August  12,  1919 

No.  36.     Special  Regulations  50 

No.  Z7.     Mercantile.     Portland  50 

No.  38.     Mercantile.     State-.at-Large  50 

No.  39.     Manufacturing 50 

No.  40.     Personal    Service   50 

No.  41.     Laundry   50 


448 

Page 

No.  42.     Telephone  and  Telegraph.     Portland _ 50 

No.  43.     Telephone  and  Telegraph.     State-at-Large 50 

No.  44.     Offices 50 

No.  45.     Public  Housekeeping  _ 50 

No.  46.     Minors ~ ~ - 50 

No.  47.     Packing,  Drying,  Preserving  or  Canning  Any 

Variety  of  Perishable  Fruit  or  Vegetables 51 

Texas 

Industrial  Welfare  Commission 

Order  No.  1.    Telephone,  Telegraph,  Mercantile,  Laun- 
dries, Factories.     Nov.  20,  1920. _ 53 

Washington 

Industrial  Welfare  Commission 

Orders 

No.  14.     Telephones.     Class  B SS 

No.  15.     Telephones.     Class  C _ 53 

No.  18.  Any  Occupation,  Trade  or  Industry.     Adults. 

September    10,    1918 „.. 53 

No.  19.  For  Minors  under  War  Conditions.     Septem- 
ber 19,  1918 - 53 

No.  20.     Telephones.     Class  D _ 53 

No.  21.  Public  Housekeeping.    Aduhs.    April  3,  1920.  53 

No.  22.  Public  Housekeeping.    Minors.   April  3,  1920.  53 

Bulletins    -I 
No.  1.     Survey  of  Public  Housekeeping  Industry.   Feb- 
ruary 13,  1920  - 55 

No.  2.     Survey  of  Manufacturing  Industry.     April  10, 

1920 56,  397 

Report.     Second  Biennial.     1915-1916 54,  397 

Bureau  of  Labor  Statistics  and  Factory  Inspection 

Tenth  Biennial  Report.     1915-1916 84,  86,  96,  118,  176 

Twelfth  Biennial  Report.     1919-1920 _......     57 

Wisconsin 
Orders 

No.  1.  Applicable  to  All  Industries.     June  27,  1919 58 

No.  2.  Telephone  Exchanges  - 58 

No.  3.  Hospitals  and  Sanitariums _  59 

No.  4.  Home  Work  _ _ _ 59 

No.  5.  Intermittent  Workers 59 


449 

Pace 
No.  6.  Tobacco  Stemminq-  Warehouses.  April  6,  1920  50 
No.  7.     Beauty  Parlors.     May  4,  1920 .^  ^ 

Reports 

Biennial  Report.    July  1,  1918,  to  June  30,  1920 64 

Minimum  Wage  Act.     1920 60 

Interpretation  and  Rulings  Relative  to  Minimum  Wage 
Law    and    Orders    Pursuant    Thereto   as    Revised 

January  5,  1920  - 63 

Release  to  Newspapers.     October  29,  1920 66 

Great  Britain 

Report  of  War  Cabinet  Committee  on  Women  in  In- 
dustry.    1919 - - 8 1 

Subcommittee  on  Agricultural  Policy  of  Reconstruction 
Committee.     1918.     Statement  Before  Committee: 

Sir  William  Beveridge -.  146 

Memorandum  by  Dr.  Janet  Campbell 82 

Minority  Report  by  Mrs.  Sidney  Webb 82 

Recommendations    402 

Report  of  Provisional  Joint  Committee  of  Industrial 
Conference,  1919 147 

Report  of  European  Commission  of  National  Indus- 
trial Conference  Board,  1919  147 

Report  of  Court  of  Inquiry  Concerning  Transport 
Workers,  Wages  and  Conditions  of  Empixjyment  of 
Dock  Labour,  1920  _... 401 

Hansard  Parliamentary  Debates 
House  of  Commons 

Vol.90.    1917 

Hon.  Lloyd  George,  Prime  Minister 80 

Robert  Leonard  Outhwaite 80 

Rt.  Hon.  Walter  Runciman 81 

W.   C.   Anderson 149 

Vol.  92.     1917.     Sir  Arthur  Black 148 

Vol.  96.     1917.     Mr.  Prothero   (Lord  Enile) 113 

Vol.  107.     1918 

Col.  Lord  Henry  Cavendish  Bentinck 81 


450 

Page 

Sir  R.  H.  Barran 96,  166 

G.  Roberts,  Minister  of  Labor 305 

Rt.   Hon.  Walter  Runciman 149 

Vol.  126.     1920.     Sir  Robert  Home,  Minister  of  Labor.  306 

Written  Answers  to  Questions 308 

House  of  Lords 

Vol.  26.     1917.     Rt.  Hon.  Viscount  Milner 148 

Board  of  Trade  Labour  Gazette 

August,  1918.    Trade  Boards  Act,  1918 144 

February,  1919.     Trade  Boards  in  the  Argentine 312 

September,  1919.    Trade  Boards  Act,  1918 144 

Ministry  of  Labour 

Trade  Boards  and  Fixing  of  Minimum  Rates  of  Wages. 
1920  144 

Australia 
Commonwealth  of  Australia 

Bureau  of  Census  and  Statistics 

Labour  and  Industrial  Report  No.  9.     1918 309 

South  Australia 

Industrial  Reports 

Vol.   1.     1916-1918 72 

Vol.  2.     1918-1919 74 

Minister  of  Labor.  George  S.  Beeby.  Australian  Sys- 
tem of  Dealing  with  Labor  Disputes 153 

Industrial  Arbitration  in  Australia „„. 153 

Canada 

Dominion 

National  Industrial  Conference  of  Dominion  and 
Provincial  Governments  with  Representative 
Employers  and  Labour  Men  on  Subjects  of  In- 
dustrial Relations  and  Labour  Laws.  Septem- 
ber, 1919 

Sir  Robert  Borden,  Prime  Minister 310 

Helena  Gutteridge,  Representing  Women  Workers.     89 
E.   Parnell,  Representing  Manufacturing  Interests 
in  General  156 


451 

Page 
Labour    Gazette.     May,    1920.     Report    of    Dominion 
Provincial  Commission  Appointed  to  Consider  Uni- 
formity of  Labour  Laws „ .....^1 56 

British  Columbia 

Department    of    Labour.     Annual    Report.     December, 

1919 „ 68,  69,  88,  96,  166,  178 

Manitoba 

Minimum  Wage  Board 

Annual   Report.     1920 158 

Minimum   Wage   for   Women  and   Girls   in   Manitoba. 

October,   1920  71,  1 1 1 

Nova  Scotia 

Commission  on  Hours  of  Labour,  Wages  and  Working 
Conditions  of  Women  Employed  in  Industrial 
Occupations.     Report,   1920 400 


452 

II.     ECONOMIC  AND  SOCIAL 

United  States 

Pa(,e 

Board  of  Bishops  of  Methodist  Episcopal  Church.  Res- 
olutions.    1919  - 142 

Commission  of  Inquiry  on  Steel  Strike  of  1919.  Inter- 
church  World  Movement.     Recommendations 141 

Committee  of  Industrial  Relations  of  the  Associated 
Chambers  of  Commerce  of  the  United  States.    1918 139 

Committee  on  the  War  and  the  Religious  Outlook. 
Church  and  Industrial  Reconstruction.    1920 141 

Devine,  Edward  T.  Where  High  Prices  Hurt  Most.  The 
Survey.     Sept.  15,  1920 365 

Douglas,  Dorothy  W.  American  Minimum  Wage  Laws  at 
Work.    American  Economic  Review.    December,  1919 176 

Federal  Council  of  the  Churches  of  Christ  in  x\merica. 
Resolutions.     1919  141 

Harding,  Senator  Warren  G.    Speech  on  October  1,  1920...  135 

Husslein,  Rev.  Joseph 

The  World  Problem,  Capital,  Labor,  and  the  Church.    1918  140 
Democratic  Industry.     1919 140 

Macmillan,  J.  W.    Manitoba  Minimum  Wage  Board 158 

National  Consumers'  League 

Minimum  Wage  Laws  Are  Good  Business.  Extracts  from 
Letters  by  Employers  Operating  under  a  Lep;al  Mini- 
mum Wage:    October,  1920 75.  83.  94,  110,^136,  165,  175 

Minimum  Wage  Commissions,  Current  Facts.     1920 164 

Ogburn,  William  F.  Measurement  of  the  Cost  of  Living 
and  Wages.  Annals  of  American  Academy  of  Political  and 
Social  Science.     January,  1919 403 

Ohio  Council  on  Women  and  Children  in  Industry 

Minimum  Wage  Study.     1920 32,  47.  347 

Statements  of  Mary  Anderson,  Director,  U.  S.  Women's 

Bureau  135 

Eliza    P.    Evans,    Secretary    Minnesota    Minimum 

Wag^e  Commission  1 75 

M.  B.  Hammond,  Professor,  Ohio  State  University...  154 

William  M.  Leiseron 1 36 

Ryan,  John  A.,  D.D.,  L.L.D.  The  Church  and  SociaHsm. 
1919    142,  154 


453 

Page 
Thrasher,  Ida  M.,  of  Lansbury  &  Bros.,  Washington,  D.  C. 
The  Minimum  Wage.     The  Prince  Alumnae  News.     Feb- 
ruary, 1920 79;  171 

Survey,  The.  Dec.  4,  1920.  The  Dennison  Minimum  Wage 
Plan   85 

Great  Britain 

Archbishops'  Fifth  Committee  of  Inquiry 

Christianity  and  Industrial  Problems.     1918 151 

Clay,  Henry,  M.A.    The  Industrial  Outlook 97 

Conference  of  Bishops  of  the  Anglican  Communion. 
Report  of  the  Committee  Appointed  to  Consider  the  Oppor- 
tunity and  Duty  of  the  Church  in  Regard  to  Industrial  and 
Social  Problems.     1920 150 

Conference  of  Employers.  Chiefly  Members  of  the  Society 
of   Friends.     1918 , 150 

Conference  of  Social  Service  Unions.  Christian  Social 
Reconstruction .     1 9 18 1 52 

Australia 

Employers'  Federation  of  New  South  Wales.  Report  of 
Annual  Meeting.     1919 154 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
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AN  INITIAL  FINE  OF  25  CENTS 

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OVERDUE. 


NOV   9  1936 

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m.h,    MAY  2  2 

1986 

LD  21-100m-8,'34 

YC  8787 


GENERAL  LIBRARY  -  U.C.  BERKELEY 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


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